San Diego International Law Journal

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Library of Congress Authority File


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This issue of the San Diego International Law Journal contains articles spanning a wide range of topics in international and comparative law. David Barnum cogently discusses the history of the "clear and present danger" test in the United States, and its increasing role in cases involving the advocacy of unlawful action before the European Court of Human Rights. This topic is of particular relevance today, as the war on terror requires us to make difficult choices in balancing protection of Constitutional liberties with national security. Jae Sung Lee explores the proposed multilateral framework on competition policy from the perspective of developing countries, concluding that such a policy is ultimately in their interest, and provides possible approaches to revive the stalled WTO negotiations. Also in this issue, Lior Zemer, Eyal Kimel and Sharon Pardo compare the role of Israel's Speaker of the Knesset with European parliamentary speakers, and propose ethical rules to address conflicts of interests that arise out of the Israeli Speaker's multiple duties. Carole Scott presents a comparative analysis of U.S. and French labor law in the context of acquisitions and reductions-in-force, and discusses the underlying policy rationales that support each country's labor laws. Finally, Martin Lee argues that the Law of the Sea Convention has achieved the status of customary international law, binding on all states.