Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (65)
- Human Rights Law (37)
- Law and Economics (24)
- Courts (21)
- Criminal Law (19)
-
- Law of the Sea (17)
- Environmental Law (15)
- Law and Society (15)
- Immigration Law (14)
- Science and Technology Law (14)
- Military, War, and Peace (13)
- Constitutional Law (12)
- Banking and Finance Law (11)
- Internet Law (11)
- European Law (9)
- International Humanitarian Law (9)
- International Trade Law (9)
- Civil Rights and Discrimination (8)
- Intellectual Property Law (8)
- Criminal Procedure (7)
- National Security Law (7)
- Business Organizations Law (6)
- Jurisprudence (6)
- Natural Resources Law (6)
- Property Law and Real Estate (6)
- Securities Law (6)
- Dispute Resolution and Arbitration (5)
- Jurisdiction (5)
- Keyword
-
- United States (42)
- Human rights (24)
- United Nations (16)
- European Union (14)
- China (13)
-
- Terrorism (12)
- Human Rights (11)
- Treaties (11)
- Canada (10)
- Japan (10)
- Sovereignty (9)
- United Kingdom (9)
- EU (8)
- Fisheries (8)
- International Criminal Court (8)
- Mexico (8)
- World Trade Organization (8)
- Economics (7)
- Hong Kong (7)
- ICCPR (7)
- ICTY (7)
- India (7)
- Intellectual property (7)
- Internet (7)
- Legislation (7)
- Russia (7)
- UK (7)
- WTO (7)
- War crimes (7)
- Australia (6)
- Publication Year
Articles 301 - 330 of 351
Full-Text Articles in International Law
The New Partnership For Africa's Development: Institutional And Legal Challenges Of Investment Promotion, Victor Mosoti
The New Partnership For Africa's Development: Institutional And Legal Challenges Of Investment Promotion, Victor Mosoti
San Diego International Law Journal
This paper is divided into five parts. Part I introduces NEPAD, its philosophical basis and objectives. Part II discusses the investment promotion role of NEPAD and its difference from past development thinking about Africa's problems. In Part III we discuss NEPAD's strategy for realizing investment flows into Africa, some of the NEPAD's institutional weaknesses, and the repercussions thereof in realizing the NEPAD objectives. It also highlights the potential implications of NEPAD to the regional integration plan in Africa. Taking into account the supposed political clash between NEPAD and the AU, Part IV discusses possible ways of restructuring NEPAD to enable …
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
San Diego International Law Journal
This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.
The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan
The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan
San Diego International Law Journal
The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the …
Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar
San Diego International Law Journal
This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
San Diego International Law Journal
There are several theories why the Mexican government has refused to enforce the stringent laws enumerated in the Mexican Constitution. For example, the North American Social Dumping Theory and Mexico's desire to retain foreign direct investment from foreign countries as a source of revenue and employment. This Comment seeks to analyze and expound on these theories and to develop two additional theories that have only been discussed in passing. Part II begins with a brief look at the history of Mexican labor, including pre- and post-Revolution working conditions. Part III discusses Mexico's encouragement and protection of foreign direct investment and …
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy
San Diego International Law Journal
The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
San Diego International Law Journal
This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
San Diego International Law Journal
On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
San Diego International Law Journal
After looking at the concept of self-determination, its history, meaning, and possible future development in Part II, this Paper will develop two case studies. Part III examines the right of self-determination for the people of Gibraltar, analyzing the relevant U.N. resolutions, agreements, treaties, and legislation that have defined the dispute between Great Britain and Spain. For example, Great Britain has ruled the Rock of Gibraltar for 280 years, primarily using it as a military base; but, today, Spain insists that it did not relinquish absolute sovereignty over Gibraltar to the British by the Treaty of Utrecht in 1713. Part IV …
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
International Law And The Pre-Emptive Use Of Force: Afghanistan, Al-Qaida, And Iraq, Christopher Greenwood
San Diego International Law Journal
This Article will review the legal framework on the use of force and suggest that there are cases in which the use of "preemptive force" may be justified, provided that certain important conditions are satisfied. Parts III and IV will then apply this analysis to the two cases that have focused attention on the whole issue of preemptive action, namely, the threat from international terrorism (Part III) and the situation in Iraq (Part IV). The writer's conclusions are summarized in Part V.
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni
San Diego International Law Journal
Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …
The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley
The Unique Jurisprudence Of Letters Of Credit: Its Origin And Sources, Gao Xiang, Ross P. Buckley
San Diego International Law Journal
This Article seeks to illumine the legal nature of the letter of credit instrument, and catalogue the various sources of law and rules that can govern it; and, by doing so, render a service to those who must quickly come to grips with letter of credit law. The Article is in two parts. The first part examines the legal nature of the letter of credit by looking at its definition, operation, and history and by comparing it with negotiable instruments and contracts. The second part considers the rules, customs, and regulations governing letters of credit and introduces the two fundamental …
Foreword, Dylan Oliver Malagrino
Foreword, Dylan Oliver Malagrino
San Diego International Law Journal
The Articles and Comments in this Volume cover a wide range of topics. Appropriately, each one uses a tiered attack on an international legal issue, making the authors' expressed arguments tremendously strong. These articles represent the kind of international thinking that is and will be required of our intellectuals in the upcoming decades. I hope that the fresh, new ideas and original legal analysis of each piece in this Volume increase the number of levels and broaden the bandwidth in which we discuss every international legal issue to come.
Will That Be First Class, Business Class, Or Pet Class - Changing Legal Trends For The Traveling Pet, Judith R. Karp
Will That Be First Class, Business Class, Or Pet Class - Changing Legal Trends For The Traveling Pet, Judith R. Karp
San Diego International Law Journal
This Article discusses the recently enacted British and European Union legislation that eases the restrictions on pet travel from the United States and Canada to European countries and its effect on the ailing airline and travel industries.
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
San Diego International Law Journal
This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …
Judicial Review And International Law, Michel Troper
Judicial Review And International Law, Michel Troper
San Diego International Law Journal
According to common doctrine, the courts, once established, apply the constitution, the principles expressed in the constitution, and also some principles not always expressed but that are thought to be inherent to any legal system, as for example the principle that the State is sovereign. Like the hierarchy of norms, these principles precede the institution of the courts and their jurisprudence, so that they can be used to evaluate them. True, the principles can be vague, but it is considered one of the tasks of constitutional theory to determine their substance before analyzing case law in their light.
The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy
The Echr And States Of Emergency: Article 15 - A Domestic Power Of Derogation From Human Rights Obligations, Mohamed M. El Zeidy
San Diego International Law Journal
This study is divided into two sections. The first section is further divided into two subsections. The first subsection examines the problems in defining emergencies; in the second subsection, we will examine the preconditions required for a valid derogation. The second section determines the Strasbourg machinery for the protection of human rights. This section is also divided into four subsections. Each subsection examines separate case laws from the European Court of Human Rights. Finally, a conclusion will be deduced in the light of the former reviews.
The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski
The Stateless Corporation Finds A Home: Alienage Jurisdiction And Dependent Overseas Territories - J.P. Morgan Chase Bank V. Traffic Stream (Bvi) Infrastructure Limited, Michael Cornell Dypski
San Diego International Law Journal
The purpose of this Article is to discuss the evolution of the alienage jurisdiction statute and the status of overseas dependent territories in light of the recent Supreme Court decision. Part I of this Article will provide a brief historical background of 28 U.S.C. § 1332 and its purpose. Part II will discuss the concepts of the state and statelessness, as well as the role of dependent territories in international affairs. Part III will discuss and analyze the various federal decisions seemingly at loggerheads with each other on the issue of federal jurisdiction over dependent territories. Finally, Part IV will …
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem
San Diego International Law Journal
This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
"Sinking" The Caroline: Why The Caroline Doctrine's Restrictions On Self-Defense Should Not Be Regarded As Customary International Law, Maria Benvenuta Occelli
San Diego International Law Journal
This Comment will show how the Caroline doctrine came to exist, argue that no real doctrine was created as to an imminence requirement, and show that what is known today as the true Caroline doctrine is really obsolete international law and not a current standard by which to judge the legality of a state's use of force in self-defense.
Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey
Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey
San Diego International Law Journal
The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman
San Diego International Law Journal
This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The …
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
Politics Without Democracy: A Study Of The New Principal Officials Accountability In Hong Kong, Christine Loh, Richard Cullen
San Diego International Law Journal
his Article seeks to discuss a range of issues related to the POAS. These issues include: The "one country, two systems" framework; The background to the introduction of the POAS; The fundamentals of the POAS; The notion of accountability pre- and post-POAS; An evaluation of executive government systems; The issues arising from the implementation of POAS; and, A best practice ministerial model for Hong Kong.
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
San Diego International Law Journal
The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …
The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford
San Diego International Law Journal
[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the …