International Law Commons^™

Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland

Human Rights & Human Welfare

The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …

International & Comparative Law Perspectives: Fall 2009, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

The Resurgence Of Piracy: A Phenomenon Of Modern Times, Helmut Tuerk

University of Miami International and Comparative Law Review

No abstract provided.

Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, Marcus R. Bach-Armas, Jordan A. Dresnick

University of Miami International and Comparative Law Review

No abstract provided.

Ethics And Citizenship Culture In Bogota's Urban Administration, Mario Nogeira De Oliveira

University of Miami Inter-American Law Review

No abstract provided.

Foreword, E. Erin Robbins

San Diego International Law Journal

The eleventh issue of the San Diego International Law Journal is composed of articles examining the world's reaction to conflict and of ideas throughout the world can bring about major shifts in socio-political thought by challenging the status quo, often resulting in conflict within or among nations. As the world becomes a more interconnected society these international issues become more important within U.S. and International Jurisprudence. The authors within this issue explore the myriad of responses a nation may take when presented with a potential conflict.

Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander

San Diego International Law Journal

Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....

An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler

San Diego International Law Journal

This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.

Death Is Different And A Refugee’S Right To Counsel, John R. Mills, Kristen M. Echemendia, Stephen Yale-Loehr

Cornell International Law Journal

No abstract provided.

A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy

Pace International Law Review Online Companion

A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive philosophy …

Violence In The House, Katherine Hite

Human Rights & Human Welfare

There was something particularly haunting in reading this Kristof and WuDunn piece during the week’s major US headlines: a girl in California had been imprisoned for eighteen years in the home of a man who kidnapped and raped her, fathered her children, and employed her in his small enterprise—a business card design and printing agency. Business clients interviewed for the story appeared completely taken aback. Clients had always found the now twenty-nine-year-old Jaycee Dugard “professional, polite, and responsive” as well as “creative and talented in her work.” Others expressed similar shock, recounting that Ms. Dugard “was always smiling.” Ms. Dugard’s …

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

Publications

No abstract provided.

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.

The Sohn Collection Shines At Uga School Of Law, Thomson Reuters

Articles, Chapters and Online Publications

An interview with Anne Burnett, foreign and international law librarian at the Alexander Campbell King Law Library, reveals a unique library collection from a former world scholar.

The International Review | 2009 Fall, Michael Rhee

The International Review Newsletter

The legal implications of the “torture memos”: To prosecute or not?

Using international law to combat uncooperative tax havens

Global efforts to hold corporations accountable: Past efforts and current initiatives

Reform of the UN internal justice system: Meeting the expectations of its own standards

Human trafficking: What role for international law for a still growing problem?

An international right to any name?

An independent Supreme Court for the United Kingdom

Swine flu, pandemics, and international law

Global efforts to stop organ trafficking

Uneven progress in global efforts to fight bribery

Are Taliban fighters obeying the laws of war?

United States …

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.

Federal Forfeiture And Money Laundering: Undue Deference To Legal Fictions And The Canadian Crossroads, Max M. Nelson

University of Miami Inter-American Law Review

No abstract provided.

Mañana, Mañana: Trans-Cultural Perceptions Of Time And The Role Of Polychronism In Latin American Legal Systems, Audrey Pumariega

University of Miami Inter-American Law Review

No abstract provided.

Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto

Indiana Law Journal

In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …

Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen

Cardozo Public Law, Policy & Ethics Journal

The article argues that Indian tribes must enact comprehensive campaign finance regulations to protect the integrity of their electoral processes, balancing the need to prevent corruption with First Amendment rights. These regulations must navigate the restrictive framework set by the Montana ruling, which limits tribal authority over nonmembers, while leveraging tribal sovereignty and cultural values to uphold self-governance. The analysis emphasizes the importance of aligning such regulations with both the Buckley framework and tribal constitutions to ensure enforceability and respect for collective interests.

V.11-1, 2009 Masthead

San Diego International Law Journal

No abstract provided.

The Gaza War Of 2009: Applying International Humanitarian Law To Israel And Hamas, Justus Reid Weiner, Avi Bell

San Diego International Law Journal

This Article explores the many international legal issues raised by the Palestinian-Israeli tension along Gaza's borders. It first examines legal issues raised by Palestinian conduct and then turns to legal issues raised by Israeli conduct. As will be demonstrated, criticisms of Israeli behavior ... lack any basis in international law. By contrast, Palestinian behaviors that are rarely criticized constitute severe violations of international law.

De-Cloaking Torture: Boumediene And The Military Commissions Act, Alan W. Clarke

San Diego International Law Journal

The Military Commissions Act of 2006 (MCA) marked the high tide and endgame for hiding torture. It's unraveling did more to uncover the Bush administration's secret interrogation practices than did the political change in Washington. International and domestic backlash against the government's embrace of harsh interrogation techniques, frequently rising to the level of torture, also played a role. However, the Supreme Court's decisions ending in Boumediene v. Bush played the decisive role. Boumediene, and the Supreme Court decisions that led up to it, made inevitable that which politics had left contingent and reversible. It also provided legal and political cover.

Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke

San Diego International Law Journal

As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

San Diego International Law Journal

This Article will survey the key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milosevic in October 200, and the subsequent establishment of democratic rule...This article will show that the empirical evidence demonstrates that the outcome of the transitional justice process a country undertakes, upon its political stability, needs to be taken into account when fashioning said process.

Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik

San Diego International Law Journal

This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture

The Role Of Culture In The Creation Of Islamic Law, John Hursh

Indiana Law Journal

No abstract provided.

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.