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Full-Text Articles in Law

Epidemics And International Law: The Need For International Regulation, Claudio Grossman May 2022

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 …


The Human Right Of Property, José E. Alvarez Apr 2018

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 …


The Climate For Human Rights, Rebecca M. Bratspies Mar 2018

The Climate For Human Rights, Rebecca M. Bratspies

University of Miami Law Review

Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change


Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman Jan 2016

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 …


The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed Apr 2012

The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed

University of Miami International and Comparative Law Review

No abstract provided.


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 Jan 2011

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.


Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson Jan 2011

Labor Rights And Environmental Protection Under Nafta And Other U.S. Free Trade Agreements, David A. Gantz, C. Ryan Reetz, Guillermo Aguilar-Alvarez, Jan Paulsson

University of Miami Inter-American Law Review

No abstract provided.


The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum Jan 2010

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

Articles

No abstract provided.


Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola Oct 2009

Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.


When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen Oct 2008

When Human Rights Conflict: Mediating International Parental Kidnapping Disputes Involving The Domestic Violence Defense, Julia Alanen

University of Miami Inter-American Law Review

No abstract provided.


Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King Apr 2008

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 …


Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch Oct 2006

Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch

University of Miami International and Comparative Law Review

No abstract provided.


Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross Jan 2006

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.


The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin Jan 2004

The International Human Rights & Ethical Aspects Of The Forum Non Conveniens Doctrine, Francisco Forrest Martin

University of Miami Inter-American Law Review

No abstract provided.


Economic Sanctions, Justin D. Stalls Oct 2003

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.


New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George Oct 2001

New Trends In African Human Rights Law: Prospects Of An African Court Of Human Rights, Yemi Akinseye-George

University of Miami International and Comparative Law Review

No abstract provided.


Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez Jan 2001

Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.


International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias Jan 1997

International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.


Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito Jan 1997

Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito

University of Miami Inter-American Law Review

No abstract provided.


The Faces Of Despair In Ins Raids, Elvia R. Arriola Jan 1997

The Faces Of Despair In Ins Raids, Elvia R. Arriola

University of Miami Inter-American Law Review

No abstract provided.


Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol Jan 1997

Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol

University of Miami Inter-American Law Review

No abstract provided.


The Social And Legal Construction Of Nonpersons, Kevin R. Johnson Jan 1997

The Social And Legal Construction Of Nonpersons, Kevin R. Johnson

University of Miami Inter-American Law Review

No abstract provided.


Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras Jan 1997

Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras

University of Miami Inter-American Law Review

No abstract provided.


Human Rights In International Economic Law, Elizabeth M. Iglesias Jan 1997

Human Rights In International Economic Law, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.


Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany Jan 1997

Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany

University of Miami Inter-American Law Review

No abstract provided.


Critical Race Feminism And International Human Rights, Adrien Katherine Wing Jan 1997

Critical Race Feminism And International Human Rights, Adrien Katherine Wing

University of Miami Inter-American Law Review

No abstract provided.


Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas Jan 1991

Human Rights, Justice And U.S. Aid: The Colombian Contradiction, Elena Manitzas

University of Miami International and Comparative Law Review

No abstract provided.


Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski Jan 1991

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

Articles

No abstract provided.