V.17-2, 2016 Masthead,
2016
University of San Diego
The Third Player-Illegal Combatant,
2016
University of San Diego
The Third Player-Illegal Combatant, Emanual Gross
San Diego International Law Journal
This Article will examine the current status of the international law of war with respect to terrorist organizations and their operatives. The central argument of this article is that international humanitarian law is unable to cope with the reality of international terrorism. The basic definitions of "combatant" and "civilian" are not suitable within the context of the age of terrorism. In the past, combatants were presumed to be either a member of a state, or in the alternative, freedom fighters expressing an idea of resistance against a colonial occupation. Terrorist organizations and their members are not freedom fighters, but rather, …
Endemic Corruption In The People's Republic Of China,
2016
University of San Diego
Endemic Corruption In The People's Republic Of China, Emily Tran
San Diego International Law Journal
Since taking office in 2013, President Xi Jinping has emphasized the importance of enforcing his campaign against corruption. The number of bribery convictions issued in recent years and the possibility of receiving the death penalty for serious corruption-related crimes underscores the seriousness with which the CPC considers corruption. The penalties for bribery are harsh compared to most other countries and serve as a strong method of deterrence. Part II of this Article discusses the PRC's anti-corruption laws in the individual and commercial contexts and note the inherent problems in the CPC's enforcement efforts. Part III will discuss the impact of …
The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage,
2016
University of San Diego
The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage, Cody Wisniewski
San Diego International Law Journal
Any restriction on the importation of Egyptian artifacts into the United States between the United States and the Arab Republic of Egypt should not contain a restriction on the importation of Ancient Egyptian coins. Emergency restrictions on the importation of Ancient Egyptian coins would be inappropriate for three reasons. First, Ancient Egyptian coinage does not fit within the narrowly tailored requirements that the United States employs in order to impose import restrictions on particular artifacts. Second, the United States is the only country that is a signatory to the 1970 UNESCO Convention that is enacting such restrictions on ancient coinage, …
V. 18-1, 2016 Masthead,
2016
University of San Diego
The Evolution Of China’S Legislation On Reproduction,
2016
University of San Diego
The Evolution Of China’S Legislation On Reproduction, Du Yifang
San Diego International Law Journal
This Article discusses how Chinas policy on reproduction developed from one that encouraged population growth to the very restrictive one-child policy. Part I discusses the factors underlying the establishment of the reproduction system after 1949. Part II analyzes the transition of national olicy and legislation over the period from 1980 to 2001 from encouraging to controlling childbirth. Part III discusses, in detail, the development and implementation of the one-child policy, and Part IV discusses the effects of this development. Finally, Part V explains the 2016 amendment to the Population and Family Planning Law in China, which abandoned the one-child policy.
Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier,
2016
University of San Diego
Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier, John Myers
San Diego International Law Journal
In sum, space exploration offers three important opportunities for the United States. First, space exploration promotes scientific progress and international cooperation. Second, space exploration will drive the world economy by creating new jobs and introducing exploited space resources into the markets. Third, space exploration will reverse the decline of the United States in math and science by inspiring children to be interested in STEM fields. More than fifty years later, President Kennedy words still ring true: ;[N]o nation which expects to be the leader of other nations can expect to stay behind in the race for space
Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches,
2016
University of San Diego
Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning
San Diego International Law Journal
This Comment will explore the right to be forgotten, how it is recognized in the European Union, and the trend toward the existence of such a right in the United States. Additionally, this comment will discuss how the right to be forgotten could lessen the impact data breaches have on individuals through the lens of the Ashley Madison hack. Lastly, this comment will discuss how, if the United States narrowed the scope of the European Union’s concept of the right to be forgotten to fit into the United States’ view of privacy and the First Amendment, the impact of data …
Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns,
2016
University of San Diego
Bitter Biopharmaceuticals: Biologic Counterfeiting And Supply Chain Concerns, Jennifer Abma
San Diego International Law Journal
Pharmaceutical counterfeiting is a growing area of public safety and national security concern. Biological medications are a growing portion of counterfeit medicines due to the high cost and opportunities for profit from these innovative drugs. Biologics are a unique target for counterfeiters in international commerce presentingunique hazards over traditional, more stable, pills. This Article explores the international biopharmaceutical supply chain and the regulatory weaknesses that compromise public health.
Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China,
2016
Notre Dame Law School
Perceptions And Reality: The Enforcement Of Foreign Arbitral Awards In China, Roger P. Alford, Julian G. Ku, Bei Xiao
Journal Articles
The Article begins in Part I by discussing the academic literature reviewing China's implementation of the New York Convention with respect to foreign arbitral awards. In Part II, the Article lays out the domestic legal framework in China for implementing foreign arbitral awards and reviews judicial decisions interpreting the New York Convention. In Part III, the Article reports on the results of its survey of practitioner perceptions and experiences with the Chinese system of enforcing arbitral awards. Finally, in Part IV, the article concludes with a possible explanation for continuing skeptical views of China's system of enforcing foreign arbitral awards.
Bordering The Constitution, Constituting The Border,
2016
Allard School of Law at the University of British Columbia
Bordering The Constitution, Constituting The Border, Efrat Arbel
All Faculty Publications
It is an established principle in Canadian law that refugees present at or within Canada’s borders are entitled to basic constitutional protection. Where precisely these borders lie, however, is far from clear. In this article, I examine the Canadian border as a site in which to study the constitutional entitlements of refugees. Through an analysis of the Multiple Borders Strategy (MBS) – a broad strategy that re-charts Canada’s borders for the purposes of enhanced migration regulation – I point to a basic tension at play in the border as site. I argue that the MBS imagines and enacts the border …
The Strangely Familiar History Of The Unitary Theory Of Perpetration,
2016
Allard School of Law at the University of British Columbia
The Strangely Familiar History Of The Unitary Theory Of Perpetration, James G. Stewart
All Faculty Publications
A unitary theory of perpetration is one that does not espouse different legal standards for different forms of participating in crime. In this Article, I pay homage to Professor Damaška’s influence on my work and career by reiterating my earlier arguments for a unitary theory of perpetration in international criminal law. Whereas my earlier work defended the unitary theory in abstract terms then for international criminal law in particular, this Article looks to the history of the unitary theory in five national systems that have abandoned differentiated systems like that currently in force internationally in favor of a unitary variant. …
Tlos And Global Financial Markets: The Case Of Derivatives,
2016
Indiana University Maurer School of Law
Tlos And Global Financial Markets: The Case Of Derivatives, Hannah L. Buxbaum
Articles by Maurer Faculty
No abstract provided.
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism",
2016
Indiana University Maurer School of Law
Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum
Articles by Maurer Faculty
One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared,
2016
University of Colorado Law School
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared, Gabrielle Appleby, Adam Webster
University of Colorado Law Review
No abstract provided.
The International Community's Response To The Hypothetical Emergence Of Superheroes,
2016
Claremont McKenna College
The International Community's Response To The Hypothetical Emergence Of Superheroes, Brittany Nicole Woods
CMC Senior Theses
In a golden era for comic based media, this paper uses the hypothetical emergence of superheroes to analyze the assumptions and predictions of three international relations theories: realism, liberalism, and constructivism. Comics consistently reflect the real world, paralleling events and concepts discussed in foreign affairs dialogues. The thought experiment, and the comic genre itself, provides a vehicle for thinking broadly about the political and social ramifications of successful or failed problem solving, state interaction, and scientific advances.
Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi,
2015
Penn State Dickinson Law
Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada,
2015
Penn State Dickinson Law
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case,
2015
University of Toronto
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment,
2015
University of Fort Hare
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
