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Articles 1 - 16 of 16
Full-Text Articles in Law
The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn
The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn
University of Miami Inter-American Law Review
Successful modern diplomacy and private sector engagements require being physically present. Based on the experience of the authors in diplomacy and corporate government affairs, this article argues that the trust that forms the basis of effective diplomacy and corporate engagement with the communities in which they operate is established best through direct physical interaction. With examples from Latin America and the Caribbean, the article explores how both diplomacy and corporate government affairs have evolved into a model of being present that emphasizes seeking to empower local populations. The article delves into how and why the United States carries out its …
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
University of Miami Inter-American Law Review
46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
University of Miami Inter-American Law Review
To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …
Front Matter & Table Of Contents
Front Matter & Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
University of Miami Inter-American Law Review
No abstract provided.
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
University of Miami Inter-American Law Review
No abstract provided.
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
University of Miami Inter-American Law Review
No abstract provided.
Privacy Before Trade: Assessing The Wto-Consistency Of Privacy-Based Cross-Border Data Flow Restrictions, Julian Rotenberg
Privacy Before Trade: Assessing The Wto-Consistency Of Privacy-Based Cross-Border Data Flow Restrictions, Julian Rotenberg
University of Miami International and Comparative Law Review
The first decades of the 21st century have been characterized by the growth of digital trade fueled by new business models based on cross-border data flows. With data taking a central role in the digital economy, governments and their constituents have become increasingly concerned about the commercial handling and commoditization of personal data. Consequently, governments have entered the business of regulating cross-border data flows, especially with the aim of protecting the privacy of their citizens. This regulatory trend does not occur in a vacuum: The World Trade Organization (WTO) through the General Agreement on Trade in Services (GATS) regulates the …
Treatment Of Section 232 Duties In Commerce Antidumping Proceedings, Elizabeth J. Drake
Treatment Of Section 232 Duties In Commerce Antidumping Proceedings, Elizabeth J. Drake
University of Miami International and Comparative Law Review
The goal of antidumping methodologies is to achieve a fair comparison between the price of a product in the United States (“U.S. price”) and the price at which it is sold in the exporters’ home market (or other normal value) in order to quantify and remedy the amount of dumping that has occurred. Thus, the law requires U.S. import duties to be deducted from U.S. price in order to permit an apples-to-apples comparison between U.S. prices and home market prices that do not bear any U.S. import duties. The U.S. Department of Commerce (“Commerce”) has created an exception to this …
Coining New Tax Guidance: How The Irs Is Falling Behind In Crypto, David C. Mcdonald
Coining New Tax Guidance: How The Irs Is Falling Behind In Crypto, David C. Mcdonald
University of Miami International and Comparative Law Review
In October 2019, the Internal Revenue Service offered its first guidance on cryptocurrency reporting standards in nearly five years. As digital investments become more commonly accepted, the need for regulation and guidance becomes clearer. Issues such as how to classify cryptocurrencies and how a transaction’s purpose impacts reporting standards are currently being addressed across the globe as governments work to develop protocols that organize this rapidly developing field. This note analyzes the developing reporting standards of select countries and the potential impacts on use as cryptocurrencies become more mainstream as a potential investment and method of payment.
Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova
Balancing Trade And Economic Security: Andritz V. United States And The Role Of Customs And Border Protection In Enforcing The Plant Protection Act, Alexandra Khrebtukova
University of Miami International and Comparative Law Review
This paper examines the case of Andritz v. United States—first filed in the U.S. Court of International Trade then transferred to the U.S. District Court for the Southern District of Texas—as a demonstrative case study highlighting the collaboration between U.S. Customs and Border Protection (CBP) of the Department of Homeland Security and the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture. CBP is charged with facilitating legitimate trade and travel while safeguarding the borders of the United States to protect against, inter alia, the entry of dangerous goods, including through agricultural import and entry inspection. …
An Inside Scoop On Scopes: An Overview Of The Laws And Policies Governing The Scopes Of Trade Remedy Orders, Scott D. Mcbride
An Inside Scoop On Scopes: An Overview Of The Laws And Policies Governing The Scopes Of Trade Remedy Orders, Scott D. Mcbride
University of Miami International and Comparative Law Review
The globalization of supply and processing chains has led to an increase in the complexity of international trade laws and the necessity for the United States Department of Commerce to provide clarity in the enforcement of trade remedy orders and procedures. It is therefore no surprise that over the past few years, Commerce has experienced a surge in requests for rulings on whether or not certain imported products are covered by the scope of antidumping and countervailing duty orders. Furthermore, Commerce has conducted several inquiries to determine if imported products which are outside the scope of an antidumping or countervailing …
Divergent Strategies: A Legal History Of The Wto’S National Security Exception In The Context Of A Globalized Economy, 1983-2019, William J. Gardner Jr.
Divergent Strategies: A Legal History Of The Wto’S National Security Exception In The Context Of A Globalized Economy, 1983-2019, William J. Gardner Jr.
University of Miami International and Comparative Law Review
This student note provides a legal history of the World Trade Organization’s (WTO) adjudication of “national security” disputes under Article XXI of the General Agreement on Tariffs and Trade (GATT). The skeptical German historian Oswald Spengler noted, “History is direction—but Nature is extension—ergo everyone gets eaten by a bear.” Tracing the history of landmark GATT and WTO decisions from the 1983 US—Trade Measures Affecting Nicaragua case, this note weaves through the WTO’s relatively consistent reluctance to engage in domestic policy, detailing the WTO’s massive deviation from that policy in the 2019 Russia—Measures Concerning Traffic in Transit case. In doing so, …
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
University of Miami International and Comparative Law Review
Trade laws have always struck a balance between political freedom and national security. The trade of commercial communication satellites (“CCS”) between the United States and Hong Kong is no exception. Until recently, Hong Kong held a special trade designation that allowed it to purchase CCS from the United States. This exception from the strict ban on sales of certain advanced technologies to China was allowed due to Hong Kong’s semi-autonomous status. However, China’s continued encroachment on Hong Kong’s autonomy led the United States to strip Hong Kong of its special trade status and ban the free exchange of advanced technologies. …
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
A Case For The Potential For Destabilization As A Threshold Criterion To The Use Of Military Action By States Under The Doctrine Of Humanitarian Intervention, Richard A.C. Alton, Jason Reed Struble
University of Miami Inter-American Law Review
No abstract provided.