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Full-Text Articles in Law
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
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 Human Right Of Property, José E. Alvarez
The Human Right Of Property, José E. Alvarez
University of Miami Law Review
Despite the absence of a comprehensive global pact on the subject, the human right to property protection—a right of property but only rarely to specific property—exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War’s omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights advocates, as well …
The Climate For Human Rights, Rebecca M. Bratspies
The Climate For Human Rights, Rebecca M. Bratspies
University of Miami Law Review
Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
University of Miami Business Law Review
This article explores when corporations can be held liable under the Alien Tort Statute for human rights abuses that are committed outside of the United States. The Alien Tort Statute grants the United States district courts jurisdiction for torts committed against foreigners in violation of the law of nations. While the Alien Tort Statute concerns international law, it does not indicate whether the district courts have jurisdiction over disputes that involve conduct outside of the United States.
In this article, I focus my analysis on the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. That case …
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
University of Miami International and Comparative Law Review
No abstract provided.
Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson
Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson
University of Miami Inter-American 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.
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
Articles
No abstract provided.
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen
University of Miami Inter-American Law Review
No abstract provided.
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 …
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
University of Miami International and Comparative Law Review
No abstract provided.
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Articles
No abstract provided.
The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin
The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin
University of Miami Inter-American Law Review
No abstract provided.
Economic Sanctions, Justin D. Stalls
Economic Sanctions, Justin D. Stalls
University of Miami International and Comparative Law Review
No abstract provided.
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George
University of Miami International and Comparative Law Review
No abstract provided.
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
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.
The Faces Of Despair In Ins Raids, Elvia R. Arriola
The Faces Of Despair In Ins Raids, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
University of Miami Inter-American Law Review
No abstract provided.
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
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.
Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito
Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito
University of Miami Inter-American Law Review
No abstract provided.
The Social And Legal Construction Of Nonpersons, Kevin R. Johnson
The Social And Legal Construction Of Nonpersons, Kevin R. Johnson
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.
Human Rights In International Economic Law, Elizabeth M. Iglesias
Human Rights In International Economic Law, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.
Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas
Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas
University of Miami International and Comparative Law Review
No abstract provided.
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Articles
No abstract provided.