Law Commons^™

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …

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 …

Foreword: Promoting And Defending Civil Rights In A Time Of Coronavirus, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

No abstract provided.

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to …

Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo

University of Miami International and Comparative Law Review

International relations have become categorically dependent on the sophisticated trading systems that interconnect and empower sovereign states. Thus, a state’s focus on protecting the rights of its individuals comprising and affected by that system would appear to come secondary to the economic decisions involved in conducting trade agreements. This article asks whether the international trade regime can be used to further the protection of human rights or whether such protection should be better left in the hands of legal entities in international bodies and sovereign states. I analyze South Korea and South Africa’s legal and trade regimes—two of the world’s …

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

The Silencing Of Human Rights Activists In Egypt Post-Revolution, Jennifer Helmy

University of Miami International and Comparative Law Review

No abstract provided.

The Expanding Scope Of Human Rights In A Technological World — Using The Interamerican Court Of Human Rights To Establish A Minimum Data Protection Standard Across Latin America, Josiah Wolfson

University of Miami Inter-American Law Review

Privacy is a human right that many in the world do not enjoy. The failure of many countries to prioritize privacy through the passage and enforcement of comprehensive data protection laws has left their citizens vulnerable. The Inter-American Court of Human Rights should use its authority to set a minimum data protection standard for its Member States.

This Note discusses the historical development of data protection, the current data protection gap in Latin America, and proposes the role that the Inter-American Court of Human Rights should play in advancing a minimum data protection standard in the region.

You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon

Articles

The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …

The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina, Martin Hevia, Carlos Herrera Vacaflor

University of Miami International and Comparative Law Review

No abstract provided.

Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker

University of Miami Inter-American Law Review

Costa Rica has for many years been deeply and genuinely committed to the worldwide rule of law and, in particular, to the protection of human rights through the inter-American legal system and to the jurisprudence of the Inter-American Court of Human Rights.

In the year 2000 Costa Rica’s Constitutional Chamber declared unconstitutional the country’s program of in-vitro fertilization, primarily because the program violated the right to life as guaranteed by the national Constitution and by international conventions, in that the in-vitro fertilization process exposed large numbers of embryos to death, as only a very small percentage of in-vitro fertilizations resulted …

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 …

Disclosing Disclosure's Defects: Addressing Corporate Irresponsibility For Human Rights Impacts, Marcia Narine

Articles

Although many people believe that the role of business is to maximize shareholder value, corporate executives and board members can no longer ignore their companies' human rights impacts on other stakeholders. Over the past four years, the role and responsibility of non-state actors such as multinationals has come under increased scrutiny. In 2011, the United Nations Human Rights Council unanimously endorsed the "UN Guiding Principles on Business and Human Rights," which outline the State duty to protect human rights, the corporate responsibility to respect human rights, and both the State and corporations' duties to provide remedies to parties. The Guiding …

Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed In Both Israel And Malta Despite Varying Procedures And Treatment, Edward N. Krakauer

University of Miami International and Comparative Law Review

No abstract provided.

Reversal Of Fortune: How The German Courts Found Their Human Rights And Helped The European Courts Find Theirs, Henry Biggs

University of Miami International and Comparative Law Review

No abstract provided.

A New American Dilemma?: U.S. Constitutionalism Vs. International Human Rights, Stanley N. Katz

University of Miami Law Review

No abstract provided.

From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine

Articles

No abstract provided.

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.

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

Articles

No abstract provided.

The Bush Regime From Elections To Detentions: A Moral Economy Of Carl Schmitt And Human Rights, David Abraham

University of Miami Law Review

No abstract provided.

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.

A Positive Right To Protection For Children, Tamar Ezer

Articles

Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …

Paraguay's Archive Of Terror: International Cooperation And Operation Condor, Katie Zoglin

University of Miami Inter-American Law Review

No abstract provided.

A Critique Of Proposals To Amend The Foreign Sovereign Immunities Act To Allow Suits Against Foreign Sovereigns For Human Rights Violations, Ismael Diaz

University of Miami Inter-American Law Review

No abstract provided.

U.S. Detention Of Women And Children Asylum Seekers: A Violation Of Human Rights, Wendy Young

University of Miami Inter-American Law Review

No abstract provided.

To The World Commission On Dams: Don't Forget The Law, And Don't Forget Human Rights-Lessons From The U.S.-Mexico Border, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.