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Articles 1 - 30 of 33
Full-Text Articles in Human Rights Law
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
University of Miami Inter-American Law Review
Haiti’s claim for restitution of the debt coerced by France in exchange for Haiti’s 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime propped up by the powerful countries that prospered through slavery and overthrew the Haitian President who dared to assert his country’s legal claim. This article explores Haiti’s Independence Debt, and the fight for restitution of it, in the context of two centuries of continued …
Haiti And The Burden Of History, Frédérique Beauvois
Haiti And The Burden Of History, Frédérique Beauvois
University of Miami Inter-American Law Review
No abstract provided.
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
University of Miami Inter-American Law Review
No abstract provided.
Haiti: Confronting An Immense Challenge, Irwin Stotzky
Haiti: Confronting An Immense Challenge, Irwin Stotzky
University of Miami Inter-American Law Review
This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
University of Miami Inter-American Law Review
This article discusses Haiti’s efforts to seek restitution from France for the “Double-Debt” imposed in 1825. After Haiti gained independence in 1804 following a slave revolt, France threatened to invade and re-enslave the Haitian people if they did not pay compensation to French slave owners for their lost “property.” This became known as the Double-Debt, as French and American banks profited by converting the debt into high-interest loans. In 2003, on the 200th anniversary of Haitian hero Toussaint Louverture’s death, Haiti’s president Jean-Bertrand Aristide announced his intention to demand repayment from France. This sparked retaliation from France and Haiti’s elite, …
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
University of Miami Inter-American Law Review
No abstract provided.
Haiti And The Indemnity Question, Alex Dupuy
Haiti And The Indemnity Question, Alex Dupuy
University of Miami Inter-American Law Review
1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.
2) Jean-Pierre Boyer succeeded Pétion as president of the …
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani
University of Miami Inter-American Law Review
International human rights law was developed with the underlying philosophy that all human beings are born free and equal in dignity and rights. However, since its development, we have seen a vast number of human rights violations persist with no recourse. The War on Gangs in El Salvador is just one example of this. This Note examines the history of the War on Gangs in El Salvador, the tumultuous political landscape that has spurred as a result, and how political efforts to address gang violence have been used as a tactic to strip Salvadorans of their fundamental rights and dignity. …
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
Gender Mainstreaming At The European Court Of Human Rights: The Need For A Coherent Strategy In Approaching Cases Of Violence Against Women And Domestic Violence, Joanna Evans
University of Miami Inter-American Law Review
Any assessment of the jurisprudence of the European Court of Human Right’s (ECtHR) in the field of violence against women and domestic violence must start with an acknowledgement of the ECtHR’s landmark judgments in this area and the positive practical impact those judgments have had upon the protection of women.
However, much progress is still to be made. This article analyses three ECtHR cases from Russia and Georgia, and in so doing, highlights the need for greater transparency, proactivity, and coherency on the part of the Court. It considers in turn: a) the seemingly discriminatory impact of the ECtHR’s approach …
Gender Violence As A Penalty Of Poverty, Deborah M. Weissman
Gender Violence As A Penalty Of Poverty, Deborah M. Weissman
University of Miami Inter-American Law Review
The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama
University of Miami Inter-American Law Review
For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson
University of Miami Inter-American Law Review
The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger
University of Miami Inter-American Law Review
No abstract provided.
Forewarned War: The Targeting Of Civilian Aircrafts In South America And The Inter-American Human Rights System, Alonso Gurmendi Dunkelberg
Forewarned War: The Targeting Of Civilian Aircrafts In South America And The Inter-American Human Rights System, Alonso Gurmendi Dunkelberg
University of Miami Inter-American Law Review
Throughout the War on Drugs, South American governments have fought a difficult and many times losing battle against drug trafficking. Lack of resources and policing capabilities have lead a growing number of States to adopt so called “Shoot-Down Laws”, legislation designed to authorize use of lethal force against “hostile” aircraft suspected of being involved in narco-trafficking. This article examines said laws from the viewpoint of international law, humanitarian law and human rights law. The article makes the point that mere transportation of narcotics cannot be reason enough to authorize use of lethal force and that “Shoot-Down Laws” constitute both a …
The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger
The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger
University of Miami Inter-American Law Review
The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.
The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities.
Moreover, …
Unintended Consequences Of United States' Foreign Drug Policy In Bolivia, Solimar Santos
Unintended Consequences Of United States' Foreign Drug Policy In Bolivia, Solimar Santos
University of Miami Inter-American Law Review
No abstract provided.
Truth And Reconciliation Commissions: General Considerations And A Critical Comparison Of The Commissions Of Chile And El Salvador, Mark Vasallo
University of Miami Inter-American Law Review
No abstract provided.
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.
Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco
Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco
University of Miami Inter-American Law Review
No abstract provided.
The Faces Of Despair In Ins Raids, Elvia R. Arriola
The Faces Of Despair In Ins Raids, Elvia R. Arriola
University of Miami Inter-American Law Review
No abstract provided.
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
Reflections On Environmental Rights As Third Generation Solidarity Rights, Ileana M. Porras
University of Miami Inter-American Law Review
No abstract provided.
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
Critical Race Feminism And International Human Rights, Adrien Katherine Wing
University of Miami Inter-American Law Review
No abstract provided.
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
University of Miami Inter-American Law Review
No abstract provided.
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
University of Miami Inter-American Law Review
No abstract provided.
Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito
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 Social And Legal Construction Of Nonpersons, Kevin R. Johnson
The Social And Legal Construction Of Nonpersons, Kevin R. Johnson
University of Miami Inter-American Law Review
No abstract provided.
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
University of Miami Inter-American Law Review
No abstract provided.
North American Free Trade Agreement's Chapter Eleven, José E. Alvarez
North American Free Trade Agreement's Chapter Eleven, José E. Alvarez
University of Miami Inter-American Law Review
No abstract provided.
Human Rights In International Economic Law, Elizabeth M. Iglesias
Human Rights In International Economic Law, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.