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Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
University of Miami Inter-American Law Review
No abstract provided.
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg
Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg
University of Miami National Security & Armed Conflict Law Review
No abstract provided.
Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis
Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis
University of Miami Law Review
No abstract provided.
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
University of Miami Inter-American Law Review
No abstract provided.
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
University of Miami International and Comparative Law Review
The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
University of Miami Inter-American Law Review
No abstract provided.
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
University of Miami International and Comparative Law Review
Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …
Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably
Emerging International Law Constraints On Constitutional Structure And Revision: A Preliminary Appraisal, Stephen J. Schnably
University of Miami Law Review
No abstract provided.
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
University of Miami International and Comparative Law Review
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
University of Miami International and Comparative Law Review
No abstract provided.
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
University of Miami International and Comparative Law Review
No abstract provided.
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
University of Miami International and Comparative Law Review
No abstract provided.
Helms Burton: A View From Abroad, Runa Kinzel
Helms Burton: A View From Abroad, Runa Kinzel
University of Miami International and Comparative Law Review
No abstract provided.
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
University of Miami Inter-American Law Review
No abstract provided.
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
University of Miami International and Comparative Law Review
No abstract provided.
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
University of Miami International and Comparative Law Review
No abstract provided.
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
University of Miami International and Comparative Law Review
No abstract provided.
The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes
The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes
University of Miami International and Comparative Law Review
No abstract provided.
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
University of Miami Inter-American Law Review
No abstract provided.
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
University of Miami Inter-American Law Review
No abstract provided.
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
University of Miami Inter-American Law Review
No abstract provided.
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
University of Miami Inter-American Law Review
No abstract provided.