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Full-Text Articles in Law
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
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 …
Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola
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 must …
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 Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
The Trouble With Treasure: Historic Shipwrecks Discovered In International Waters, Cathryn Henn
University of Miami International and Comparative Law Review
No abstract provided.
Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni
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 …
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
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 …
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
Habeas Corpus, Constructive Custody And The Future Of Federal Jurisdiction After Munaf, Karen Shafrir
University of Miami International and Comparative Law Review
In 2004-05, two American Citizens, Shaqir Omar and Mohamed Munaf were separately arrested in Iraq and placed in the Camp Cropper Military Facility, pending adjudication. Both prisoners filed writs of habeas corpus in the United States District Court for the District of Columbia. The primary issue that the lower courts grappled with was whether or not the courts had jurisdiction to hear the petitions. After various appeals, the United States Supreme Court concluded that the federal courts did have jurisdiction to entertain the habeas petitions but that the petitions would fail on the merits. This paper argues that the standard …
Human Trafficking: Addressing The International Criminal Industry In The Backyard, Sarah King
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 …
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.
University of Miami International and Comparative Law Review
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
University of Miami International and Comparative Law Review
No abstract provided.
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater
University of Miami International and Comparative Law Review
No abstract provided.
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
Helms Burton: Social Policy And Norm Definition, Manuel A. Rodriguez
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
Helms Burton: A View From Abroad, Runa Kinzel
University of Miami International and Comparative Law Review
No abstract provided.
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
International Law And Uganda's Involvement In The Democratic Republic Of The Congo (Droc), Phillip Apuuli Kasaija
University of Miami International and Comparative Law Review
No abstract provided.
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
Assessing The World's Response To Apartheid: A Historical Account Of International Law And Its Part In The South African Transformation, Kevin Hopkins
University of Miami International and Comparative Law Review
No abstract provided.
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon
University of Miami International and Comparative Law Review
No abstract provided.
The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes
The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes
University of Miami International and Comparative Law Review
No abstract provided.
Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
University of Miami International and Comparative Law Review
No abstract provided.
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
The Post-Cold War Era: Renewed Hope For International Law In The Inter-American System, Andrés Franco
University of Miami International and Comparative Law Review
No abstract provided.
Paris, The City Of Arbitration?, Pierre Bellet
Paris, The City Of Arbitration?, Pierre Bellet
University of Miami International and Comparative Law Review
No abstract provided.
An International Lawyer Takes Stock, Sir Robert Y. Jennings
An International Lawyer Takes Stock, Sir Robert Y. Jennings
University of Miami International and Comparative Law Review
No abstract provided.