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Full-Text Articles in Law

Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever May 2021

Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever

University of Miami Inter-American Law Review

No abstract provided.


Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez May 2021

Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez

University of Miami Inter-American Law Review

No abstract provided.


Front Matter & Table Of Contents May 2021

Front Matter & Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead May 2021

Masthead

University of Miami Inter-American Law Review

No abstract provided.


The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax May 2021

The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax

University of Miami Inter-American Law Review

No abstract provided.


A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble Feb 2021

A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents May 2020

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid May 2020

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.


Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser Dec 2019

Cuban Asset Control Regulations: The Transfer Of Estate Assets To Cuban Heirs Under The Obama And Trump Administrations, Madeleine N. Elser

University of Miami Inter-American Law Review

No abstract provided.


Masthead Dec 2019

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents Dec 2019

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents Jan 2019

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger Jan 2019

Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger

University of Miami Inter-American Law Review

No abstract provided.


Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser Jan 2019

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.


One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney May 2018

One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney

University of Miami Inter-American Law Review

No abstract provided.


Masthead May 2018

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents May 2018

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez May 2018

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.


Digital Transformation And Jobs: Building A Cloud For Everyone, Robert Ivanschitz, Daniel Korn Jan 2018

Digital Transformation And Jobs: Building A Cloud For Everyone, Robert Ivanschitz, Daniel Korn

University of Miami Inter-American Law Review

No abstract provided.


International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca Jan 2018

International Coalitions And Non-Militarily Contributing Member States: A Perspective From Panama’S Practice And The Law Of Neutrality, Alonso E. Illueca

University of Miami Inter-American Law Review

The military actions of an International Coalition and the role of its non-military contributing member States is yet another fundamental example of international practice concerning conflation between jus ad bellum and jus in bello. Although International Law proscribes the use of force in international relations, membership in an International Coalition engaged in military operations does not come without a cost. Non-military contributing member States may be regarded as co-belligerents or neutral States violating the laws of neutrality. This article argues that mere membership in a coalition does not amount to co-belligerency. Nevertheless, it claims that membership could entail a violation …


Investment Treaty Arbitration In Cuba, Rafael Cox Alomar May 2017

Investment Treaty Arbitration In Cuba, Rafael Cox Alomar

University of Miami Inter-American Law Review

Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …


Forewarned War: The Targeting Of Civilian Aircrafts In South America And The Inter-American Human Rights System, Alonso Gurmendi Dunkelberg Feb 2017

Forewarned War: The Targeting Of Civilian Aircrafts In South America And The Inter-American Human Rights System, Alonso Gurmendi Dunkelberg

University of Miami Inter-American Law Review

Throughout the War on Drugs, South American governments have fought a difficult and many times losing battle against drug trafficking. Lack of resources and policing capabilities have lead a growing number of States to adopt so called “Shoot-Down Laws”, legislation designed to authorize use of lethal force against “hostile” aircraft suspected of being involved in narco-trafficking. This article examines said laws from the viewpoint of international law, humanitarian law and human rights law. The article makes the point that mere transportation of narcotics cannot be reason enough to authorize use of lethal force and that “Shoot-Down Laws” constitute both a …


A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi Feb 2017

A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi

University of Miami Inter-American Law Review

In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …


Prefatory Matter And Table Of Contents Feb 2017

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead Dec 2016

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents Aug 2016

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger Aug 2016

The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger

University of Miami Inter-American Law Review

The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.

The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities.

Moreover, …


United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus Aug 2016

United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus

University of Miami Inter-American Law Review

This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal issues …


Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr. Aug 2016

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …


United States V. Esquenazi: Injecting Clarity Or Confusion Into The Foreign Corrupt Practices Act, Amy Lynn Soto Aug 2016

United States V. Esquenazi: Injecting Clarity Or Confusion Into The Foreign Corrupt Practices Act, Amy Lynn Soto

University of Miami Inter-American Law Review

The Foreign Corrupt Practices Act (FCPA) was enacted in 1977 to criminalize the bribing of foreign officials in order to obtain or retain business. In recent years, there has been an increase in bribery investigations and prosecutions by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). This increase in enforcement coexists with an ambiguity regarding the scope of the FCPA.

The scope of the FCPA hinges on the determination of who is a foreign official. The FCPA defines a foreign official as “any officer or employee of a foreign government or any department, agency, or instrumentality thereof, …