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Full-Text Articles in Law

The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen Jan 2019

The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen

Articles

No abstract provided.


Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas Jun 2018

Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.


Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem Jun 2018

Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem

University of Miami International and Comparative Law Review

No abstract provided.


Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo Jun 2018

Does Trade Trump Law In The Protection Of Human Rights? International Trade, Law, And Human Rights In South Africa And South Korea, Cristina Campo

University of Miami International and Comparative Law Review

International relations have become categorically dependent on the sophisticated trading systems that interconnect and empower sovereign states. Thus, a state’s focus on protecting the rights of its individuals comprising and affected by that system would appear to come secondary to the economic decisions involved in conducting trade agreements. This article asks whether the international trade regime can be used to further the protection of human rights or whether such protection should be better left in the hands of legal entities in international bodies and sovereign states. I analyze South Korea and South Africa’s legal and trade regimes—two ...


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.


Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen Jan 2018

Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen

Articles

No abstract provided.


The Other Trade War, Kathleen Claussen Jan 2018

The Other Trade War, Kathleen Claussen

Articles

No abstract provided.


Separation Of Trade Law Powers, Kathleen Claussen Jan 2018

Separation Of Trade Law Powers, Kathleen Claussen

Articles

No abstract provided.


Investment Treaty Arbitration In Cuba, Rafael Cox Alomar May 2017

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 ...


There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez Feb 2017

There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez

University of Miami Inter-American Law Review

The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments ...


The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen Jan 2017

The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen

Articles

No abstract provided.


You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon Jan 2017

You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon

Articles

The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in ...


Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr. Aug 2016

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part ...


Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni Oct 2014

Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni

University of Miami International and Comparative Law Review

No abstract provided.


China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman May 2014

China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman

University of Miami International and Comparative Law Review

The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and ...


Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley Jan 2013

Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley

Articles

No abstract provided.


Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer Apr 2012

Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer

University of Miami International and Comparative Law Review

No abstract provided.


The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson Feb 2012

The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson

University of Miami Inter-American Law Review

No abstract provided.


Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski Jul 2004

Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski

University of Miami Inter-American Law Review

No abstract provided.


Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo Oct 2002

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.


Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner Apr 2002

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

University of Miami Inter-American Law Review

No abstract provided.


Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane Apr 2001

Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane

University of Miami Inter-American Law Review

No abstract provided.


Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore Oct 2000

Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore

University of Miami Inter-American Law Review

No abstract provided.


Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen Jan 1999

Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen

University of Miami Inter-American Law Review

No abstract provided.


Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro Jan 1999

Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro

University of Miami Inter-American Law Review

No abstract provided.


A Critical Year For Hemispheric Free Trade: Can Countries Agree On A Blueprint?, Ambler Moss, Stephen Lande Jul 1997

A Critical Year For Hemispheric Free Trade: Can Countries Agree On A Blueprint?, Ambler Moss, Stephen Lande

University of Miami Inter-American Law Review

No abstract provided.


Asian-Pacific Economic Cooperation And The Free Trade Area Of The Americas, Possibilities Of Cross-Pacific Cooperation, Akio Hosono Jul 1997

Asian-Pacific Economic Cooperation And The Free Trade Area Of The Americas, Possibilities Of Cross-Pacific Cooperation, Akio Hosono

University of Miami Inter-American Law Review

No abstract provided.


Essay On Paper Presented By Ambler Moss And Stephen Lande, Osvaldo R. Agatiello Jul 1997

Essay On Paper Presented By Ambler Moss And Stephen Lande, Osvaldo R. Agatiello

University of Miami Inter-American Law Review

No abstract provided.


Essay On Paper Presented By Robert M. Sherwood, George C.J. Moore Jul 1997

Essay On Paper Presented By Robert M. Sherwood, George C.J. Moore

University of Miami Inter-American Law Review

No abstract provided.


Essay On John C. Thomure, Jr.'S Presentation, Valerie Hughes Jul 1997

Essay On John C. Thomure, Jr.'S Presentation, Valerie Hughes

University of Miami Inter-American Law Review

No abstract provided.