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Articles 1 - 22 of 22
Full-Text Articles in Law
The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic
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 this money …
Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola
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 must …
The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani
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.
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 …
Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan
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.
U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte
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 that you—and …
One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney
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
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.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
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
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 still in their …
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
Limiting The National Right To Exclude, Katrina M. Wyman
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.
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard
University of Miami Law Review
At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of …
Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson
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.
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
University of Miami International and Comparative Law Review
The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles …
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami International and Comparative Law Review
No abstract provided.
European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley
European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley
University of Miami International and Comparative 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
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 …
Digital Transformation And Jobs: Building A Cloud For Everyone, Robert Ivanschitz, Daniel Korn
Digital Transformation And Jobs: Building A Cloud For Everyone, Robert Ivanschitz, Daniel Korn
University of Miami Inter-American Law Review
No abstract provided.