Digital Commons Network^™

From The Vatican With Cash: Prosecuting Money Laundering In London Real Estate, Jane Tien

University of Miami International and Comparative Law Review

It is no news that donations from the Catholic faithful reemerge from the dark underground of Church finances as lace vestments, embroidered mitres, velvet slippers, and posh mansions. A year after Pope Francis announced the overhaul of the Vatican’s antimoney laundering (AML) laws, a makeshift courtroom in the Vatican Museum witnessed the largest criminal trial in the Vatican’s modern history. At the center was Cardinal Angelo Becciu—the former No. 3 in the Vatican—for allegedly defrauding the Vatican’s investment in London real estate. After the tumbrels, now comes the reckoning: How could the Vatican mend a broken system and effectively tackle …

Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba

University of Miami International and Comparative Law Review

Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …

Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz

University of Miami International and Comparative Law Review

This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …

Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

International Law & Covid-19 Symposium, Joseph Candelaria, Gita Howard, Tamar Ezer

University of Miami International and Comparative Law Review

The COVID-19 pandemic has sent shock waves through the international community, exposing systemic failures and highlighting injustices. At the same time, it has provided an opening to consider new approaches, including lessons for international law.
On April 12 and 16, 2021, the University of Miami School of Law International and Graduate Law Programs and Human Rights Clinic, in collaboration with the Human Rights Society, Health Law Association, Environmental Law Program, and University of Miami International and Comparative Law Review hosted a symposium on the impact of COVID-19 on international law. The International Law and COVID-19 Symposium specifically focused on the …

Immunization And Indemnification: Rethinking The Us Approach To Liability Protections For Vaccine Manufacturers During The Covid-19 Pandemic, Samantha Topper Berns

University of Miami International and Comparative Law Review

This note analyzes the legal mechanisms in the United States that provide compensation for vaccine injuries sustained as a result of inoculation against pandemic viruses when a public health emergency has been declared. While the United States has an every-day compensation scheme that deters litigation by providing just compensation yet upholds the right of injured parties to seek damages in court, it has a special compensation scheme applicable to vaccines developed to address public health emergencies that bars litigation by effectively providing vaccine manufactures with complete indemnification and severely restricts the ability of injured parties to receive compensation. Meanwhile, in …

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …

The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-Lopez, R. Denisse Córdova Montes, Max Zoberman

University of Miami International and Comparative Law Review

Many commentators have referred to domestic violence and other forms of gender-based violence (GBV) in the age of COVID-19 as a “double pandemic.” Based on results of a mixed-methods study on the impact of the COVID-19 pandemic on GBV in South Florida, conducted by the Human Rights Clinic of the University of Miami School of Law, in close collaboration with community-based organizations,1 this article offers a proposal for an expanded normative human rights framework to address domestic violence and other forms of GBV. The local study sought to elucidate the pathways that link pandemics such as COVID-19 and GBV, highlight …

The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz

University of Miami International and Comparative Law Review

The region of the Americas is facing unprecedented humanitarian and social challenges as a consequence of the Covid-19 pandemic. As such, the regional institutions need to deliver rapid and effective responses to the region’s inhabitants. In this way, the Inter-American Commission on Human Rights (hereinafter IACHR or the Commission) has aimed to deliver a timely answer so that States, the Civil Society, and stakeholders can assure individuals that the treatment of the pandemic incorporates a human rights approach from the Inter-American System’s framework. The purpose of this work will be to give a brief takeaway on how the IACHR has …

Gambling On Video Games: The Global Esports Betting Market And The Dawn Of Legalized Esports Gambling In The United States, Jake Bland

University of Miami International and Comparative Law Review

This Note compares eSports gambling regulations in the United States with regulations implemented in various foreign countries. eSports is a rapidly growing form of sport competition centered around video games. Video games have been a widely popular form of entertainment spanning the globe for many years. However, treating video games as a professional sport and form of monetized competition is a very recent phenomenon in the global mainstream market. Like traditional sports such as football and basketball, eSports have garnered significant attention in the gambling market. Sports betting has long been prevalent in the underworld of the United States, but …

Tiktok, Cfius, And The Splinternet, Jake T. Seiler

University of Miami International and Comparative Law Review

This note will discuss the role that the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) has played in foreign relations and how it contributes to the balkanization of the internet today. The Committee is an interagency body that reviews foreign investments for potential national security threats. Recently, CFIUS has been in the spotlight for its role in the sale of TikTok, a cellphone app owned by a popular Chinese corporation, ByteDance. While much of CFIUS’ review in the past has been focused on Chinese-owned corporations, there is much debate about whether or not countries should …

Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft

University of Miami International and Comparative Law Review

This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how …

Comparative Laws In Public Health Unmasked, Christine Chasse

University of Miami International and Comparative Law Review

The COVID-19 pandemic lay bare the vulnerabilities of some countries’ public health responses and praise for others. Comparative law review in public health responses may glean lessons for the United States. For example, the United States had not had a pandemic of this magnitude in over a century and was reluctant to institute early masking policies. Meanwhile, the world raced for a COVID-19 vaccine. This begs the question of who will take the vaccine. Will—or can—governments force their citizens to be inoculated? Global comparisons in personal liberty, freedom, bodily autonomy, and how to parent intersect at the right to (or …

Louis Henkin Memorial Lecture, Juan E. Mendez

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz

University of Miami International and Comparative Law Review

This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …

Antonio Caballero: Conflicting U.S. Anti-Terrorism Law And U.S. International Bankruptcy Law, Jordan M. Zornes

University of Miami International and Comparative Law Review

Antonio Caballero sought retribution for his father’s kidnap and murder in the way Congress has made it possible: the American Court System. Caballero obtained a default monetary judgment against Colombian guerrilla forces, but as expected in collecting against a terrorist organization, it was an uphill battle. When finding attachable assets, Caballero must act fast, but in the present case, an international bankruptcy proceeding sought to thwart his legitimate efforts to satisfy his judgment. The question is: should Caballero win in “race to the courthouse” fashion, or does the international bankruptcy stay lead to an orderly distribution of assets? This note …

Voter Id: Combating Voter Fraud Or Disenfranchising? A Comprehensive Analysis Of Voter Id Laws, Native American Disenfranchisement, And Their Intersection, Will Hyland

University of Miami International and Comparative Law Review

This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws’ effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many states have enacted voter ID laws in the years since, some of which have resulted in restrictive voting requirements that may result in disproportionately discriminatory voter disenfranchisement. This note willa first give a general overview of the complicated and convoluted recent development voter ID laws, a history …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.

Fighting Against Black Money By Offering Amnesty For Economic Development In Bangladesh: A Stigma Can Never Be A Beauty Spot, S M. Solaiman

University of Miami International and Comparative Law Review

Black money is a global concern. However, black money has disproportionately affected Bangladesh. To combat the proliferation of black money in the country, successive governments of Bangladesh have offered amnesties to black money holders (BMHs) in contravention of the national Constitution, legislation, and international conventions. Nonetheless, responses to such incentives have been notably poor, mainly because the wrongdoers do not fear the superficial threat of law enforcement. This article examines the BMHs’ responses to amnesties so far and explains the substantial harm caused by such discriminatory favors, including increases in corruption, the price of real estate, money laundering, deposits by …

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

Legal Education Reform In Africa: Time To Revisit The Two-Tier Legal Education System, Okechukwu Oko

University of Miami International and Comparative Law Review

The two-tier legal education system has become increasingly ineffective by virtue of the evolution of changes in legal practice and Africa’s unique conditions and circumstances. The problem is rooted in the fact that some African countries adopted the two-tier legal education system on the assumption that what worked in Britain offered a prescription for success in Africa. However, the two-tier legal education system has been ineffective in Africa because the infrastructure—pupilage, apprenticeship, continuing legal education—that complements and anneals it is not widely available in Africa. Where these elements exist, they tend to be frail and unreliable. Africa’s urgent challenge is …

Russia’S Constitutional Dictatorship: A Brief History, Cindy Skach

University of Miami International and Comparative Law Review

Why is the word impeachment so terrible? After all, if the Congress passed such a motion it would have no legal force. A popularly elected president could not be removed from power by the Congress, especially this Congress, which had long ago lost the people’s trust.¹

Falling Through The Cracks Of Education: A Comparative Analysis Of Canada’S And The United States’ Use Of Standardized Testing Within The Realm Of Public Education, Micaela Baldner

University of Miami International and Comparative Law Review

The education system is foundational to society. Public education is based on the concept of equal educational opportunities for all. Although the purpose of standardized testing is the elimination of bias to prevent certain segments of society’s students from receiving unfair academic advantages, there is little empirical verification that suggests that standardized testing actually achieves its intended purpose. In fact, the evidence indicates that standardized testing negatively impacts low-income, marginalized, and English-learning students, as achievement gaps for these groups have remained the same or have even grown with the increased use of such tests. This article will discuss the intended …

Circumscribing The Right To Bear Arms: The Second Amendment, Gun Violence, And Gun Control In California And Mississippi, Fahim A. Gulamali

University of Miami International and Comparative Law Review

The United States occupies a unique position amongst countries around the world when it comes to gun rights. While the United States is one of three countries that provides its people the constitutional right to bear arms, it is the only country that has more guns per capita than residents. Further, because of the saturation of guns in the United States, the country significantly leads in the amount of gun-related homicides than any other developed nation. Nevertheless, state legislatures have circumscribed gun rights within the bounds of the Second Amendment to the United States Constitution to curb gun violence. This …

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

A Tale Of Two Systems: A Comparative Analysis Of Scotland’S Community-Based Juvenile Justice And America’S Prosecutorial Discretion Laws, Tiffany Hornback

University of Miami International and Comparative Law Review

America’s juvenile justice system’s most notable shift came in the 1980s when states deferred the power to prosecute children in adult courts to prosecutors. Prosecutorial discretion over juvenile cases was a rather dormant power, exercised in less than 2% of juvenile cases across the country until the early 2000s. Over the last five years, in response to a growing call to exercise the full power of America’s punitive justice system, states broadened the prosecutor’s discretionary powers. In some cases, prosecutors were given the full discretion to direct file children into adult courts — a decision that could not be reviewed …

Front Matter And Table Of Contents

University of Miami International and Comparative Law Review

No abstract provided.