Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio Feb 2020

Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio

University of Miami International and Comparative Law Review

The language of democracy and democratic organization is usually spoken only in the vernacular of liberal democracy. Liberal democracy, mostly of western origin centers legitimacy of a political order on open, full, and free election for representatives, as well as a substantially unregulated civic space in which individuals and others can engage in political discourse. This essentially exogenous form of democratic organization has been increasingly challenged in the 21st century by an alternative model of endogenous democracy more compatible with states organized along Marxist Leninist principles. These emerging forms of endogenous democratic practices have been developed along two distinct lines ...


Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman May 2018

Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman

University of Miami Business Law Review

After President Obama’s announcement in early 2015 of increased relations with the Cuban government despite the existing Cuban embargo under the Helms–Burton Act and the Cuban Democracy Act, Carnival Cruise line made history in July of 2015 when it became the first United States cruise line to receive approval from both the United States Department of Treasury and the United States Department of Commerce to offer cruises to Cuba. Since its introduction, there has been wide increase in Cuba’s tourism industry. However, Cuban regulations still regulate where and how cruise lines can travel. The increased relations are ...


Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez Dec 2017

Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez

University of Miami Business Law Review

That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question ...


“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo Aug 2017

“Capitalist” Cuba: The Privatization Of The Cuban Economy And Its Unintended Consequences, Christopher Palomo

University of Miami International and Comparative Law Review

No abstract provided.


The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales Aug 2017

The Future Of U.S. Claims For Property Restoration In Cuba, Ashley Morales

University of Miami International and Comparative Law Review

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 ...


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 ...


United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus Aug 2016

United States-Cuba Normalized Relations And The Mlb Influence: The Baseball Coalition Committee, Aaron Klein, Jake E. Marcus

University of Miami Inter-American Law Review

This note explores the past, present, and future of the path for Cuban baseball players into MLB. Specifically, this note will explore the late-2014 agreement between the United States and Cuba to normalize relations and its anticipated impact on MLB. Part I provides an extensive historical context of the relationship between the two countries with a focus on the effect that baseball has had on the relationship. Part II draws attention to MLB’s current policies and the resulting hardships faced by Cuban baseball players embark on the journey from Serie Nacional to MLB. Part III concentrates on the legal ...


Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana Apr 2010

Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana

University of Miami International and Comparative Law Review

No abstract provided.


Cuban Private International Law: Some Observations, Comparisons, And Suppositions, Kevin Tuininga Apr 2009

Cuban Private International Law: Some Observations, Comparisons, And Suppositions, Kevin Tuininga

University of Miami Inter-American Law Review

No abstract provided.


Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown Oct 2002

Crooked Straits: Maritime Smuggling Of Humans From Cuba To The United States, Donald Brown

University of Miami Inter-American Law Review

No abstract provided.


Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez Oct 2002

Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez

University of Miami International and Comparative Law Review

No abstract provided.


Helms Burton: A View From Abroad, Runa Kinzel Oct 2002

Helms Burton: A View From Abroad, Runa Kinzel

University of Miami International and Comparative Law Review

No abstract provided.


Economic Sanctions Imposed By The United States Against Cuba: The Thirty-Nine Year Embargo Culminating With The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996, Digna B. French Jan 1999

Economic Sanctions Imposed By The United States Against Cuba: The Thirty-Nine Year Embargo Culminating With The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996, Digna B. French

University of Miami International and Comparative Law Review

No abstract provided.


Lawyers Meet The Law: Critical U.S. Voices Of Helms-Burton, Joaquín Roy Jan 1998

Lawyers Meet The Law: Critical U.S. Voices Of Helms-Burton, Joaquín Roy

University of Miami International and Comparative Law Review

No abstract provided.


Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably Jan 1998

Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably

Articles

No abstract provided.


The De-Constitutionalization Of Property Rights: Castro's Systematic Assault On Private Ownership In Cuba, Nicolás J. Gutiérrez Jr. Jan 1997

The De-Constitutionalization Of Property Rights: Castro's Systematic Assault On Private Ownership In Cuba, Nicolás J. Gutiérrez Jr.

University of Miami International and Comparative Law Review

No abstract provided.


A Proposal For The Marketization Of Housing In Cuba: The Limited Equity Housing Corporation - A New Form Of Property, Stuart Grider Jul 1996

A Proposal For The Marketization Of Housing In Cuba: The Limited Equity Housing Corporation - A New Form Of Property, Stuart Grider

University of Miami Inter-American Law Review

No abstract provided.


Real Property Law Under The Current Cuban Regime, Douglas E. Matthews Oct 1995

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.


Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby Oct 1995

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.


Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner Oct 1995

Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner

University of Miami International and Comparative Law Review

No abstract provided.


Righting Old Wrongs: A Survey Of Restitution Schemes For Possible Application To A Democratic Cuba, Nicolás J. Gutiérrez Jr. Jan 1995

Righting Old Wrongs: A Survey Of Restitution Schemes For Possible Application To A Democratic Cuba, Nicolás J. Gutiérrez Jr.

University of Miami International and Comparative Law Review

No abstract provided.


Expropriation: United States Claimants' Rights And The Future Of Cuba, Robert E. Freer Jr. Jan 1995

Expropriation: United States Claimants' Rights And The Future Of Cuba, Robert E. Freer Jr.

University of Miami International and Comparative Law Review

No abstract provided.


The Significance Of Restitution In The Economic Recovery Of Cuba, Robert E. Freer Jr. Jan 1995

The Significance Of Restitution In The Economic Recovery Of Cuba, Robert E. Freer Jr.

University of Miami International and Comparative Law Review

No abstract provided.


Constricting The Clave: The United States, Cuban Music, And The New World Order, Leslie José Zigel Oct 1994

Constricting The Clave: The United States, Cuban Music, And The New World Order, Leslie José Zigel

University of Miami Inter-American Law Review

No abstract provided.


The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl Jul 1989

The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl

University of Miami Inter-American Law Review

No abstract provided.