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Full-Text Articles in Law
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
Emergency Powers: Understanding The Benefits While Mitigating The Consequences, Savannah Valentine
University of Miami International and Comparative Law Review
This note compares the short-term benefits and long-term consequences of emergency powers using examples from several countries and offers solutions to mitigate those consequences. Historically, emergency powers were only granted in times of true crises. In those circumstances, emergency powers can serve an important purpose: to help the government run smoothly and efficiently. Unfortunately, permanent power grabs are now more common and the standard for what constitutes an emergency has weakened severely, often resulting in civil rights infringements. Possible solutions to this problem include understanding the negative effects of sunset clauses in emergency acts, increased awareness of manufactured emergencies, encouraging …
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.
The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim
The Death Of The Autonomous Venezuelan Judiciary, Amid Bennaim
University of Miami Inter-American Law Review
Access to impartial and effective courts is the cornerstone of democratic civil society. When the intention of political actors is to extinguish democratic civil society, they often wear away at the autonomy of the judiciary. International law and the constitutions of many states throughout the world guarantee access to autonomous courts. Despite having such guarantees in place, the government of the Bolivarian Republic of Venezuela has consistently attacked the judiciary in order to erode its autonomy and bring it under political control. Strategies used to achieve that goal include purging judges, intimidating them, and preventing judges from getting tenure. As …
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald
University of Miami International and Comparative Law Review
State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …
Evaluating Stabilization Clauses In Venezuela's Strategic Association Agreements For Heavy-Crude Extraction In The Orinoco Belt: The Return Of A Forgotten Contractual Risk Reduction Mechanism For The Petroleum Industry, Thomas J. Pate
University of Miami Inter-American Law Review
No abstract provided.
Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler
Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler
University of Miami International and Comparative Law Review
No abstract provided.
Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison
Sovereignty Of Aves Island: An Argument Against Compulsory, Standardized Arbitration Of Maritime Boundary Disputes Subject To Review By The International Court Of Justice, M. Scott Garrison
University of Miami Inter-American Law Review
No abstract provided.
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
Corporate Caveat Emptor: Minority Shareholder Rights In Mexico, Chile, Brazil, Venezuela And Argentina, Jose W. Fernandez, Antonio Delpino, Jose Lau Dan, Rafael Diaz-Granados
University of Miami Inter-American Law Review
No abstract provided.
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
The "Enabling Law": The Demise Of The Separation Of Powers In Hugo Chavez's Venezuela, Mario J. Garcia-Sierra
University of Miami Inter-American Law Review
No abstract provided.
The Personal Property Secured Financing System Of Venezuela: A Comparative Study And The Case For Harmonization, Horacio E. Gutiérrez-Machado
The Personal Property Secured Financing System Of Venezuela: A Comparative Study And The Case For Harmonization, Horacio E. Gutiérrez-Machado
University of Miami Inter-American Law Review
No abstract provided.