International Law and Immigration
Ca. Int'l Law Journal SPRING 2014, VOL. 22, NO. 1
Content
- Contents
- Global Legal Research
- Going Overboard: the Criminalization of Seafarers in Violation of Their Human Rights, Regional and Domestic Law's Conflict with Unclos and Marpol, and the Need for Reform
- Greetings From the Chair of the International Law Section
- If You Conduct Business On a Transnational Scale, Don't Leave Home Without An Anti-Bribery Compliance Program
- Immigrant Investor Visas and Diversification: An Application of Modern Portfolio Theory to Eb-5 Regional Centers
- Is It Time to Revise Your Company's Personal Data Privacy Policies? New Legislation Demonstrates China Is Serious About Personal Data Privacy
- Masthead
- Practitioner's Spotlight: Professor Niels W. Frenzen
- Recent Proposed Amendments to China's Patent Law: Will It Help to Improve the Enforceability of Patents in China?
- The California Cap-and-Trade Program's Linkage with Quebec: An Application of Conflict and Field Preemption
- The International Trial Lawyer - 2013 Year in Review
- The State Bar of California 87th Annual Meeting
- Editor's Comments
EDITOR’S COMMENTS
Fleeing the poverty and violence of their homeland, tens of thousands of Latin American migrants stream across the U.S. border, begging for refuge. The influx overwhelms the nation’s creaky immigration infrastructure, forcing federal officials to warehouse the detainees in cramped facilities under deplorable conditions. Human rights groups call for toleranceâand a path to legalizationâwhile nativists insist that the country must stop rewarding those who enter illegally. The debate roils Washington, where the only politically viable solution appears to be mass deportations….
This scenario could be plucked straight from today’s headlines: For much of 2014, a humanitarian disaster has been brewing along the U.S.-Mexico border, as waves of desperate Central Americans, many of them young children, seek to escape one of the world’s most troubled regions. But for the subject of this edition’s "Practitioner’s Spotlight"âNiels W. Frenzen, director of the Gould School of Law’s Immigration Clinic at USCâit was the eerily similar Haitian refugee crisis of the 1980s and ’90s that moved his conscience and shaped his professional trajectory. As you’ll read in our interview, the images of Haitian boat people, having fled hunger and repression only to be corralled in barbed-wire detention facilities, confirmed to Niels that he had to "do something." He has since represented hundreds of asylum seekers and other immigrants, and we’re fortunate to have him here in California training a new generation of litigators.
The immigrants described in William Tolin Gay’s keen analysis of the EB-5 visa process hail from the other end of the spectrum. For the foreigner willing to invest $500,000 to $1,000,000 in a job-creating enterprise, the prize is permanent U.S. residencyâand as Bill argues, a small tweak in the investment rules could both boost the national economy and minimize the applicant’s financial risk. In "Going Overboard," Megan K. Reid’s in-depth report on the misplaced criminalization of seafarers, we get yet another view of a man who has journeyed from his native land. She tells the harrowing story of Apostolos Mangouras, a Greek oil-tanker captain who, after losing his ship to stormy seas off the Iberian peninsula, finds himself confined to a high-security Spanish prison. Of course, there’s a lot more in these pages. I hope you’ll learn as much from these articles as I did!
The International Law Section of the California State Bar was founded in 1987 to serve California lawyers handling international legal matters in a wide variety of areas, including corporate and business transactions, litigation and arbitration, tax, regulatory and trade matters, bankruptcy, intellectual property, immigration and family law. The Section’s goals are to (i) promote interest, (ii) provide educational materials and seminars, and (iii) provide professional networking opportunities for its members.