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Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio Feb 2020

Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio

University of Miami International and Comparative Law Review

The language of democracy and democratic organization is usually spoken only in the vernacular of liberal democracy. Liberal democracy, mostly of western origin centers legitimacy of a political order on open, full, and free election for representatives, as well as a substantially unregulated civic space in which individuals and others can engage in political discourse. This essentially exogenous form of democratic organization has been increasingly challenged in the 21st century by an alternative model of endogenous democracy more compatible with states organized along Marxist Leninist principles. These emerging forms of endogenous democratic practices have been developed along two distinct lines ...


Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez Feb 2020

Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez

University of Miami International and Comparative Law Review

“With the right to bear arms come a great responsibility to use caution and common sense on handgun purchases.” – Ronald Reagan

The left will say we need more gun control, the right will say it is our constitutional right to bear arms. Is one truly better than the other? Does the answer lie simply in gun education? This note will scrutinize the history of the Second Amendment to the United States Constitution as it relates to gun rights, gun laws, and gun violence. Next, this note will compare those rights, laws, and statistics to that of Switzerland. Switzerland’s gun ...


Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif Feb 2020

Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif

University of Miami International and Comparative Law Review

No abstract provided.


Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey Feb 2020

Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey

University of Miami International and Comparative Law Review

This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit practice. Further, it examines the role of the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes and how he, in his role as Special Rapporteur, can provide relief to indigenous communities suffering the effects of this ...


The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree Feb 2020

The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree

University of Miami International and Comparative Law Review

The United States has a longstanding history of denying aliens admission based on a wide range of grounds that we have deemed to demonstrate the alien would be either dangerous to society or a financial burden on the state. “Self-sufficiency” has been a basic principle of US immigration law since the country’s earliest immigration statutes. It is the contention of the Department of Homeland Security that the availability of public benefits can create an incentive for immigration to the United States at a rate that cannot be financially supported by the government. Certain European countries, such as Sweden, see ...


Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova Feb 2020

Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova

University of Miami International and Comparative Law Review

This article follows the Pussy Riot case from the 2012 trial decision to the 2018 challenge before the European Court of Human Rights (ECtHR). The case revolved around the “punk prayer” performed by three women in Christ the Saviour Cathedral in Moscow. While the case, which centered on violation of freedom of expression, may be framed as a matter of political speech vs. religious speech, it has broader implications. Pussy Riot’s performance and subsequent legal cases were about the ability of pluralism and dissent to counter the carefully constructed government narrative of “traditional values” and moral sovereignty. For democracy ...


Front Matter And Table Of Contents Dec 2019

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Masthead Dec 2019

Masthead

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.


The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk May 2019

The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk

University of Miami International and Comparative Law Review

No abstract provided.


Improving The Odds: Strengthening The Prospects For Accountability In The Syrian Conflict By Regulating The Marketplace For Information On Atrocity Crimes, Kaitlin Owens May 2019

Improving The Odds: Strengthening The Prospects For Accountability In The Syrian Conflict By Regulating The Marketplace For Information On Atrocity Crimes, Kaitlin Owens

University of Miami International and Comparative Law Review

No abstract provided.


Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem May 2019

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem

University of Miami International and Comparative Law Review

In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat of ...


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.


Prefatory Matter And Table Of Contents Jan 2019

Prefatory Matter And Table Of Contents

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.


The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic Dec 2018

The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic

University of Miami Business Law Review

The global recession of 2008 appeared to end the honeymoon between globalization and the reduction of international trade barriers. This was especially visible in the European Union, which saw a surge of conservatism as European economies suffered. With the EU unable to assist its members, the countries turned to China for financial aid. In return, China saw this as its chance to enter the EU using the engine of its newly–formed superpower status–its economy. From loans and financial aid to foreign direct investments (FDI), China began to pour money into the EU market. The poorer EU members accepted ...


The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani Dec 2018

The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani

University of Miami International and Comparative Law Review

No abstract provided.


Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola Dec 2018

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States ...


Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan Dec 2018

Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan

University of Miami International and Comparative Law Review

No abstract provided.


Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald Dec 2018

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 ...


U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte Oct 2018

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump ...


Front Matter And Table Of Contents May 2018

Front Matter And Table Of Contents

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.


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.


Masthead May 2018

Masthead

University of Miami Inter-American Law Review

No abstract provided.


Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman May 2018

Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman

University of Miami Business Law Review

After President Obama’s announcement in early 2015 of increased relations with the Cuban government despite the existing Cuban embargo under the Helms–Burton Act and the Cuban Democracy Act, Carnival Cruise line made history in July of 2015 when it became the first United States cruise line to receive approval from both the United States Department of Treasury and the United States Department of Commerce to offer cruises to Cuba. Since its introduction, there has been wide increase in Cuba’s tourism industry. However, Cuban regulations still regulate where and how cruise lines can travel. The increased relations are ...


The Human Right Of Property, José E. Alvarez Apr 2018

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 ...


Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson Mar 2018

Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson

University of Miami Law Review

This Article explores the uneasy interaction between climate change and democracy, particularly liberal democracy. Its central claim is that climate change and other problems of the Anthropocene—this new epoch into which no earthly entity, process, or system escapes the reach and influence of human activity—expose and exacerbate existing vulnerabilities in democratic theory and practice, particularly in their currently dominant liberal form; and that both democracies’ failures and their most promising attempts at managing these problems expose democracies to significant legitimacy challenges.


The Climate For Human Rights, Rebecca M. Bratspies Mar 2018

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


Limiting The National Right To Exclude, Katrina M. Wyman Mar 2018

Limiting The National Right To Exclude, Katrina M. Wyman

University of Miami Law Review

This essay argues that the robust right to exclude that nation states currently enjoy will be harder to justify in an era of climate change. Similar to landowners, nation states have virtual monopolies over portions of the earth. However, the right of landowners to control who enters their land is considerably more constrained than the right of nation states to control who enters their territory. Climate change will alter the areas of the earth suitable for human habitation and the broad right of nation states to exclude will be more difficult to justify in this new environment.