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Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola Dec 2018

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States ...


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 ...


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.


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 ...


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 ...


Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney Nov 2015

Right To Act: United States Legal Basis Under The Law Of Armed Conflict To Pursue The Islamic State In Syria, Samantha Arrington Sliney

University of Miami National Security & Armed Conflict Law Review

Shortly after the beginning of the Syrian Civil War, the Islamic terror group ISIS captured the world’s attention with their rapid advance through Iraq and acts of severe brutality. In short order, the group captured large swaths of territory in Iraq and Syria and declared the formation of an Islamic State. With the integrity of Iraq in the balance, the United States committed to taking military action against ISIS but quickly discovered that as pressure was put on ISIS in Iraq they retreated into Syrian lands, where U.S. warplanes could not go.

This article explores the legal justifications ...


Human Trafficking: An Issue Of Human And National Security, Roza Pati Feb 2014

Human Trafficking: An Issue Of Human And National Security, Roza Pati

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Commentary: Transnational Organized Crime In The Maritime Domain, And Broader Considerations For The United States' Interagency, Captain James D. Carlson, Lieutenant Timothy Cronin Feb 2014

Commentary: Transnational Organized Crime In The Maritime Domain, And Broader Considerations For The United States' Interagency, Captain James D. Carlson, Lieutenant Timothy Cronin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Promoting Partnerships To Combat Illicit Trafficking, Celina Realuyo Feb 2014

Promoting Partnerships To Combat Illicit Trafficking, Celina Realuyo

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Transnational Influences On Financial Crime, Jeremy Kuester Feb 2014

Transnational Influences On Financial Crime, Jeremy Kuester

University of Miami National Security & Armed Conflict Law Review

Transnational Crime can loosely be defined as a crime that occurs across borders and is differentiated from domestic and international crime by the absence of a single sovereign or supranational power that has absolute jurisdiction over the crime. The dynamics of actors in transnational spaces, as well as the lack of a clear enforcing authority in such spaces, creates significant challenges to efforts to disrupt and deter transnational crime. Addressing these types of crimes requires a holistic approach from state and non-­‐state actors using a variety of tools, many of which are not traditionally law enforcement in nature. Focusing ...


Human Trafficking Is One Of The Cruelest Realities In Our World, Chairman Ileana Ros-Lehtinen Feb 2014

Human Trafficking Is One Of The Cruelest Realities In Our World, Chairman Ileana Ros-Lehtinen

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


U.S. Southern Command's Role In Combatting Illicit Trafficking, Colonel Daniel Lecce, Lieutenant Commander Brendan Gavin, Captain Laura Corbin Feb 2014

U.S. Southern Command's Role In Combatting Illicit Trafficking, Colonel Daniel Lecce, Lieutenant Commander Brendan Gavin, Captain Laura Corbin

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz Jan 2014

The M/V "Virginia G" (Panama/Guinea-Bissau). Case No. 19. 53 Ilm 1164 (2014). International Tribunal For The Law Of The Sea, April 14, 2014., Bernard H. Oxman, Vincent P. Cogliati-Bantz

Articles

No abstract provided.


The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr. Oct 2013

The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher “Dudus” Coke, Kenneth L. Lewis Jr.

University of Miami Inter-American Law Review

No abstract provided.


Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López Jan 2013

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.


Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock Jan 2013

Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock

Articles

No abstract provided.


High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick Oct 2012

High Seas, High Stakes: Jurisdiction Over Stateless Vessels And An Excess Of Congressional Power Under The Drug Trafficking Vessel Interdiction Act, Ann Marie Brodarick

University of Miami Law Review

No abstract provided.


Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker Oct 2012

Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker

University of Miami International and Comparative Law Review

No abstract provided.


The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo Jul 2012

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens ...


Internet Solutions V. Marshall: The Overreach Of Florida's Long-Arm, Michael K. Steinberger Jul 2012

Internet Solutions V. Marshall: The Overreach Of Florida's Long-Arm, Michael K. Steinberger

University of Miami Law Review

No abstract provided.


The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn Apr 2012

The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn

University of Miami International and Comparative Law Review

No abstract provided.


Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski Feb 2012

Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski

University of Miami Inter-American Law Review

No abstract provided.


“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock Jan 2012

“Brisas Del Mar”: Judicial And Political Outcomes Of The Cuban Rafter Crisis In Guantánamo, Christina Frohock

Articles

No abstract provided.


The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López Jan 2012

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.


Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni Oct 2011

Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there ...


Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg Jul 2011

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis Apr 2011

Still Trembling: State Obligation Under International Law To End Post-Earthquake Rape In Haiti, Lisa Davis

University of Miami 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.


Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue Jan 2010

Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue

University of Miami Inter-American Law Review

No abstract provided.


The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan Apr 2009

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By contrast ...