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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.
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani
University of Miami Inter-American Law Review
International human rights law was developed with the underlying philosophy that all human beings are born free and equal in dignity and rights. However, since its development, we have seen a vast number of human rights violations persist with no recourse. The War on Gangs in El Salvador is just one example of this. This Note examines the history of the War on Gangs in El Salvador, the tumultuous political landscape that has spurred as a result, and how political efforts to address gang violence have been used as a tactic to strip Salvadorans of their fundamental rights and dignity. …
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 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 …
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmilla Mendonça Lopes Ribeiro, Zachary D. Kaufman, Claudio Grossman, Patricia Camino
University of Miami Inter-American Law Review
No abstract provided.
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
Nearshore Alternative: Latin America's Potential In The Offshore Legal Process Outsourcing Marketplace, Kara D. Romagnino
University of Miami Inter-American Law Review
No abstract provided.
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
University of Miami Inter-American Law Review
No abstract provided.
Legal Research In The Americas: Where To Begin, Robin Schard
Legal Research In The Americas: Where To Begin, Robin Schard
University of Miami Inter-American Law Review
No abstract provided.
Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes
Corporate Governance In Latin America: A Functional Análisis, Francisco Reyes
University of Miami Inter-American Law Review
No abstract provided.
Forum Non Conveniens, Latin America And Blocking Statutes, Henry Saint Dahl
Forum Non Conveniens, Latin America And Blocking Statutes, Henry Saint Dahl
University of Miami Inter-American Law Review
No abstract provided.
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias
Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias
University of Miami International and Comparative Law Review
No abstract provided.
Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes
Postcolonial Encounters In The Postpinochet Era: A Latcrit Perspective On Spain, Latinas/Os And "Hispanismo" In The Development Of International Human Rights, Francisco Valdes
University of Miami International and Comparative Law Review
No abstract provided.
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
University of Miami International and Comparative Law Review
No abstract provided.
International Law And The Latin American Political Refugee Crisis, Dr. Keith W. Yundt
International Law And The Latin American Political Refugee Crisis, Dr. Keith W. Yundt
University of Miami Inter-American Law Review
No abstract provided.
Latin American Antitrust, Rafael German
Latin American Antitrust, Rafael German
University of Miami Inter-American Law Review
No abstract provided.
Negotiating With Latin American Governments: Technology Transfer & Service Agreements, Robert J. Radway
Negotiating With Latin American Governments: Technology Transfer & Service Agreements, Robert J. Radway
University of Miami Inter-American Law Review
No abstract provided.
International Law In Latin America, H. B. Jacobini
International Law In Latin America, H. B. Jacobini
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Commercial Arbitration Revisited, C. R. Norberg
Inter-American Commercial Arbitration Revisited, C. R. Norberg
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Commercial Arbitration, C. R. Norberg
Inter-American Commercial Arbitration, C. R. Norberg
University of Miami Inter-American Law Review
No abstract provided.