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Full-Text Articles in Law
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
University of Miami Inter-American Law Review
This article discusses Haiti’s efforts to seek restitution from France for the “Double-Debt” imposed in 1825. After Haiti gained independence in 1804 following a slave revolt, France threatened to invade and re-enslave the Haitian people if they did not pay compensation to French slave owners for their lost “property.” This became known as the Double-Debt, as French and American banks profited by converting the debt into high-interest loans. In 2003, on the 200th anniversary of Haitian hero Toussaint Louverture’s death, Haiti’s president Jean-Bertrand Aristide announced his intention to demand repayment from France. This sparked retaliation from France and Haiti’s elite, …
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
University of Miami Inter-American Law Review
No abstract provided.
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
University of Miami Inter-American Law Review
Haiti’s claim for restitution of the debt coerced by France in exchange for Haiti’s 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime propped up by the powerful countries that prospered through slavery and overthrew the Haitian President who dared to assert his country’s legal claim. This article explores Haiti’s Independence Debt, and the fight for restitution of it, in the context of two centuries of continued …
Haiti And The Indemnity Question, Alex Dupuy
Haiti And The Indemnity Question, Alex Dupuy
University of Miami Inter-American Law Review
1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.
2) Jean-Pierre Boyer succeeded Pétion as president of the …
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
University of Miami Inter-American Law Review
No abstract provided.
Haiti: Confronting An Immense Challenge, Irwin Stotzky
Haiti: Confronting An Immense Challenge, Irwin Stotzky
University of Miami Inter-American Law Review
This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …
Haiti And The Burden Of History, Frédérique Beauvois
Haiti And The Burden Of History, Frédérique Beauvois
University of Miami Inter-American Law Review
No abstract provided.
The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman
The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman
University of Miami Law Review
The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
University of Miami International and Comparative Law Review
This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …
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 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 …
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
Investment Treaty Arbitration In Cuba, Rafael Cox Alomar
University of Miami Inter-American Law Review
Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
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 …
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney
University of Miami National Security & Armed Conflict Law Review
Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.
This article explores the legal justifications for the …
The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.
The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.
University of Miami Inter-American Law Review
No abstract provided.
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
University of Miami International and Comparative Law Review
No abstract provided.
Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski
University of Miami Inter-American Law Review
No abstract provided.
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
University of Miami International and Comparative Law Review
The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham
University of Miami Inter-American Law Review
No abstract provided.
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
University of Miami International and Comparative Law Review
The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
University of Miami Inter-American Law Review
No abstract provided.
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
University of Miami International and Comparative Law Review
Human trafficking is a modern phenomenon with ancient roots; it is a degrading institution that generates billions of dollars annually; it is an international problem that sits in our own backyards. Because human trafficking raises, among many issues, questions of international law, human rights violations, global economic concerns and matters related to organized crime, a discussion on human trafficking could take many forms. This paper will attempt define human trafficking in a modern context; discuss the interplay between international, national, and state specific human trafficking laws; and provide analysis on where we need to go as part of an international …
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
University of Miami International and Comparative Law Review
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
University of Miami International and Comparative Law Review
No abstract provided.
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
University of Miami International and Comparative Law Review
No abstract provided.