Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

San Diego International Law Journal

Discipline
Keyword
Publication Year
File Type

Articles 331 - 351 of 351

Full-Text Articles in International Law

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan May 2002

Recent Developments In Wastewater Management In The Coastal Region At The United States-Mexico Border, John H. Minan

San Diego International Law Journal

The purpose of this Article is to examine recent developments in the long-standing struggle by the United States and Mexico to cope with managing cross-border wastewater. Two notable legal developments have occurred recently that are fundamental to understanding the situation today. One is legislative, and the other is judicial. Neither has received scholarly comment. The first is the enactment of Tijuana River Valley Estuary and Beach Cleanup Act, which was signed into United States' law in 2000. It signified a significant change in policy by Congress. Prior to the enactment of the Cleanup Act, the international agreement contained in Minute …

Go to article

Kissinger's World: A Cautionary Tale Through A Cold War Lens, Michael J. Kelly May 2002

Kissinger's World: A Cautionary Tale Through A Cold War Lens, Michael J. Kelly

San Diego International Law Journal

Kissinger rightly praises president Bush's call for America to act with humility on the world stage. After an era of triumphalism and arrogance that characterized our conduct of foreign policy in the 1980's and 90's, with Secretary of State Madeleine Albright memorably referring to America as the indispensable nation, a tone of humility is clearly in order. More so now that some of the hatred aimed at this country can be traced to such callousness felt in the Islamic World and the Third World. Although much of this book's impact may have been undermined by the unforeseeable terrorist attacks against …

Go to article

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel May 2002

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …

Go to article

Civil Litigation As A Means Of Compensating Victims Of International Terrorism, Walter W. Heiser May 2002

Civil Litigation As A Means Of Compensating Victims Of International Terrorism, Walter W. Heiser

San Diego International Law Journal

This Article discusses the rules of procedural law that authorize United States courts to enter civil judgments against international terrorists and the foreign states that sponsor them. Somewhat surprisingly, these rules do not make such judgments difficult to obtain. As the Sutherland case illustrates, plaintiffs have already recovered substantial money judgments against terrorist defendants. Not surprisingly, the real difficulties are encountered when plaintiffs seek to enforce such judgments. Private parties have successfully utilized civil litigation as a means of neutralizing domestic hate groups. The question now is whether they can achieve similar success with respect to international terrorists. Success in …

Go to article

Reparations For Slavery: A Dream Deferred, Watson Branch May 2002

Reparations For Slavery: A Dream Deferred, Watson Branch

San Diego International Law Journal

When the year began, the prediction was that 2001 was going to be the "Year of Reparations." Both internationally and in the United States, the consensus held that the time had finally come for governments around the world to face up to racism and apologize for the harm brought about by slavery and its aftermath harm in the past, to those long dead, and in the present, to those who, because of the color of their skin, still suffer from racism. Governments were expected to make amends for that harm through restitution and compensation, whether individual or collective. This willingness …

Go to article

National Missile Defense: Legal & (And) Policy Justifications For Expanding Deterrence & (And) Preventing War In The 21st Century, Michael A. Mccann May 2002

National Missile Defense: Legal & (And) Policy Justifications For Expanding Deterrence & (And) Preventing War In The 21st Century, Michael A. Mccann

San Diego International Law Journal

This Comment will argue that National Missile Defense (NMD) is a desirable form of national defense and also compatible with international law. This Comment begins with an exploration of the Anti-Ballistic Missile Treaty of 1972 and its legal significance as it has evolved over time culminating with President George W. Bush's announcement on December 13, 2001 to withdraw from the Treaty. Next, it examines the past, current and future forms of missile defense, including how these forms interplay with international law. In the third section, criticisms of missile defense will be evaluated and established to be unpersuasive, especially in light …

Go to article

A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy May 2001

A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy

San Diego International Law Journal

This Article proposes a legislative scheme to undo the incentives that Congress has created and perpetuated since the 1960s for Mexicans to live unlawfully in the United States. The main features of the proposed scheme are: (1) the exemption of all family-sponsored immigrant visas from Mexico's per-country quota, (2) a guaranteed percentage of the quota of diversity ("lottery") visas for Mexicans who have no family member or employer who has sponsored their immigration, (3) a waiver of unlawful presence for Mexicans who return to Mexico by a specified deadline, and (4) revocation of the visa petitions of Mexicans who remain …

Go to article

U.S. Border Partrol Abuses, Undocumented Mexican Workers, And International Human Rights, Jorge A. Vargas May 2001

U.S. Border Partrol Abuses, Undocumented Mexican Workers, And International Human Rights, Jorge A. Vargas

San Diego International Law Journal

This Article addresses poignant questions involving Mexican migratory workers, which touch upon issues close to America's pockets and psyche, and to U.S. immigration law and policies. This work advances the thesis that the mistreatment, abuses, and brutal violations inflicted by U.S. Border Patrol agents against Mexican migratory workers are not only offenses or crimes which must not be tolerated, but are also human rights violations. Regardless of the immigration status of undocumented persons, any foreign person in this country deserves to be treated with dignity and respect, and afforded humane treatment, with international human rights principles. This Article [also] explores …

Go to article

The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary May 2001

The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary

San Diego International Law Journal

Most major trading nations have features in their income tax laws that favor exports. The United States has adopted such a scheme of preferential treatment of foreign income in order to provide incentives for the export of U.S.-produced goods. However, such devices that reduce income taxes for U.S. exporters have been openly criticized by the international community as illegal export subsidies which are incompatible with the General Agreement on Tariffs and Trade (GATT). In fact, the U.S. enacted its current Foreign Sales Corporation (FSC) legislation in the Tax Reform Act of 1984 to conform the Domestic International Sales Corporation (DISC) …

Go to article

Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace May 2001

Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace

San Diego International Law Journal

This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …

Go to article

Gamut Trading Co. V. U.S. International Trade Commission: Expanding The Gamut Of Trademark Protection, Sean A. Barry May 2001

Gamut Trading Co. V. U.S. International Trade Commission: Expanding The Gamut Of Trademark Protection, Sean A. Barry

San Diego International Law Journal

In the recent case of Gamut Trading Co. v. U.S. International Trade Commission, the Circuit Court of Appeals for the Federal Circuit expanded the trademark protection available under the Tariff Act of 1930. Specifically, the court held that the importation and subsequent resale of goods bearing legally affixed trademarks can infringe the same trademark in the United States, despite the fact that the imported goods are second-hand goods. While the Federal Circuit classifies this case as a gray market case, the fact that this case involved the importation of second-hand goods makes it distinguishable from gray market case law. Additionally, …

Go to article

Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler May 2001

Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler

San Diego International Law Journal

Sovereignty concerns were central to the negotiations over the ICC Statute. To be sure, the future court will relate to individuals and States, as well as inter-governmental and non-governmental organizations, in a way that differs from the international institutions created at mid-century. But by designing an institution that must work through and with sovereign States in crucial aspects of its functioning, the ICC Statute presupposes the continued existence of a system based on sovereign States. The Statute's details reinforce the notion that "[d]irectly or indirectly, the entire edifice of international human-rights law is built on state sovereignty." Seen in this …

Go to article

V.2, 2001 Masthead Jan 2001

V.2, 2001 Masthead

San Diego International Law Journal

No abstract provided.

Go to article

V.1, 2000 Masthead May 2000

V.1, 2000 Masthead

San Diego International Law Journal

No abstract provided.

Go to article

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh May 2000

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh

San Diego International Law Journal

This Article will begin by discussing the circumstances under which a foreign person will be deemed to be engaged in a trade or business in the United States and by examining a proposal that would introduce a great level of certainty for tax planners and the IRS. The principal focus of the Article, however, will be on the circumstances under which the United States should impose U.S. income tax on the income of a foreign person from a business conducted, not directly in the United States, but through an agent acting on behalf of the foreign person. The treatment of …

Go to article

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres May 2000

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

Go to article

Foreword, John M. Rogers May 2000

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Go to article

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander May 2000

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander

San Diego International Law Journal

This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).

Go to article

Parties In Israel: Between Law And Politics, Ariel L. Bendor May 2000

Parties In Israel: Between Law And Politics, Ariel L. Bendor

San Diego International Law Journal

The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …

Go to article

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White May 2000

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …

Go to article

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness May 2000

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness

San Diego International Law Journal

This Comment explores the provisions of the Rome Convention and the advantages contracting parties can benefit from through knowledge of such provisions. The main focus of this Comment is English conflict of laws rules related to contractual obligations that are governed by the Rome Convention. England and its laws on international contracts have been chosen as the appropriate subject of this Comment for the following reasons. First, because international conventions and treaties do not apply to all countries but only to those who ratify them, it is easier to see how the rules of such conventions are applied by a …

Go to article

First Prev