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Articles 1 - 30 of 91
Full-Text Articles in Law
Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez
Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez
University of Miami Inter-American Law Review
The relationship between the United States and Cuba can be described as anything but simple. In fact, it is the intricacy of the relationship that inspired this Note. A key point in the complex relationship between the United States and Cuba was the United States’ decision to impose the embargo in 1962. Since 1962, Cuba’s relationship with the United States, and its allies, changed entirely. While the embargo poses an economic sanction, the United States, throughout the years, has placed sanctions on Cuban officials as a result of human rights violations in Cuba. Broadly, sanctions target the officials and freeze …
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
University of Miami Inter-American Law Review
The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
University of Miami Inter-American Law Review
This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin
Modernizing The Fair And Equitable Treatment Standards In The Energy Charter Treaty, Sydney Thurman-Baldwin
University of Miami Business Law Review
As oil and gas continue to be hot commodities for national economies, the number of international arbitrations in the energy sector has continued to rise in recent years. As the utilization of International Arbitration continues to rise in Energy disputes, so does the invocation of The Energy Charter Treaty (“ECT”). The ECT promotes inter-governmental cooperation with contracting parties in the energy sector through its provisions on investment protection, provisions on trade, transit of energy, energy efficiency, environmental protection and dispute resolution. These provisions are considered to be the cornerstone of the treaty, fostering a ‘level playing field’ for foreign investments …
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
University of Miami Law Review
The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards. Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own …
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim
University of Miami Business Law Review
In 2018, President Trump championed his way through the imposition of the Section 232 Tariffs—a heavy tax on various imports, including steel and aluminum—by broadcasting a supposedly-imminent threat to the U.S. national security. This plea, however, has been criticized as a veil for President Trump’s economic protectionism policy. Meanwhile, others have questioned the constitutionality of the statute creating the President’s authority to impose these tariffs in the first place. This Comment explores the issues arising from President Trump’s Section 232 Tariffs on steel and aluminum: (1) the validity and justiciability of President Trump’s actions under Section 232 of the Trade …
Dismantling The Wto: The United States’ Battle Against World Trade, Aaron Seals
Dismantling The Wto: The United States’ Battle Against World Trade, Aaron Seals
University of Miami Business Law Review
No abstract provided.
One Nation Under Trump: More Power To Him?, Jessica Hernandez
One Nation Under Trump: More Power To Him?, Jessica Hernandez
University of Miami Business Law Review
This note examines the following question: to what extent has the Trump administration heralded an expansion of presidential trade powers with respect to Section 232 of the Trade Expansion Act of 1962? It proceeds by first providing an overview of the Trade Expansion Act of 1962. It then looks at the Section 232 investigations which (a) preceded Trump’s assumption of office and (b) resulted in presidential trade action. After reviewing the aforementioned investigations, this note examines the Section 232 investigations initiated under the Trump administration. Attention is paid to how the Trump administration has defined ‘national security’ more broadly. The …
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
University of Miami Law Review
Countries spend billions of dollars each year to strengthen their discursive power to shape international policy debates. They do so because in public policy conversations labels and narratives matter enormously. The “digital protectionism” label has been used in the last decade as a tool to gain the policy upper hand in digital trade policy debates about cross-border flows of personal and other data. Using the Foucauldian framework of discourse analysis, this Article brings a unique perspective on this topic. The Article makes two central arguments. First, the Article argues that the term “protectionism” is not endowed with an inherent meaning …
How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown
How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown
University of Miami Law Review
The United States has fewer tax treaties with countries in Latin America and the Caribbean than the United Kingdom, France, Germany, Spain and even China have with such countries. After first describing ways in which tax treaties reduce barriers to cross-border trade and investment, this Article considers in turn various possible explanations for this situation. It examines, and rejects, the hypothesis that Latin American countries are reluctant to enter into tax treaties in general. It then considers, and rejects, the possibility that Latin American countries are opposed to in-creased trade and investment from the United States in particular. It then …
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
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 of the world’s …
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
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.
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.
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 …
There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez
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 to …
Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.
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 of …
Status Of Bulk Water Exports Under Nafta, Binda Preet Sahni
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
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 the U.S. …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
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
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
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
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
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
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
Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore
University of Miami Inter-American Law Review
No abstract provided.
The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan
The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
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
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.