Search the Issue Archive

Volume8
MonthNovember
Year2006
TitleForeword
Author(s)Shanish M. Aloor
First Page1
AbstractThe articles appearing in Volume 8 of the San Diego International Law Journal seek to offer insight and understanding into the international community. The first two articles examine the complexities involved in litigating international causes of action. Philip Moreman assesses the use of private rights of action before an international forum to enforce international laws. The article compares private rights of action with regulatory enforcement mechanisms to evaluate the respective costs and benefits. Yann-Huei Song examines the prospect of judicial intervention in fishery disputes involving fishing entities in Taiwan. The issue is complex because Taiwan is a not a member of the UN and is therefore not a contracting party to the ICJ statutes. The article analyzes international conventions, statutes and case law to uncover the jurisdictional element of such disputes.

Volume 8 also includes other progressive and thought-provoking articles addressing international issues in a variety of legal contexts. Samuel Levine explores the common elements of two successful intellectual movements: The Brisker Method, which is the leading method of theoretical study of Jewish law, and Richard Posner's law and economics theory. Timm Neu looks into the possibility of film co-production between India's emerging "Bollywood" and the established film industries of the United States and Germany, exploring the potential economic benefits as well as legal pitfalls created by such an international venture. Also in this issue, Marguerite Middaugh examines the impact of climate change on the Inuit people, discussing the applicable international law and assessing the attitude and actions of the U.S. government with respect to this human rights issue. Victor White analyzes whether provisions of the REAL ID, an act Congress passed in 2005 which restricts asylum eligibility and limits judicial review of deportation orders, violates due process as well as international obligations to asylum seekers. Finally, Brandon Ketterman scrutinizes Canada's experience with the value added tax.