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Articles 1 - 26 of 26
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Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
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. …
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul
University of Miami Inter-American Law Review
This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson
University of Miami Inter-American Law Review
The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …
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.
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
University of Miami Inter-American Law Review
46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …
Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid
University of Miami Inter-American Law Review
No abstract provided.
Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón
Foreign Direct Investments Into Fintech And Blockchain Technology Startups In Latin America, Y. Tatiana Clavijo, Hernán Pantaleón
University of Miami Inter-American Law Review
Technology is changing our everyday lives at a faster rate every minute from artificial intelligence and medical advances in robotics to the upcoming self-driving cars. Every sector of our lives is being impacted, disrupted, and constantly altered by innovations, including our finances. In the developed markets, fintech, or financial technology, is the new and exciting area of product innovation for financial services. The innovations rely on the internet, blockchain technology, and the new and highly controversial digital currencies. Consequently, new digital platforms and mobile applications create new possibilities while being accessible to more people at a lower cost across borders. …
Will Corruption In Argentina Prevent The Protection Of Personal Tax Information It Exchanges Under Its Fatca And Crs Commitments?, Jihan Jude
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 …
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
University of Miami Inter-American Law Review
This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …
All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg
All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg
University of Miami Inter-American Law Review
No abstract provided.
Horizons Of Inclusion: Life Between Laws And Developments In Rio De Janeiro, Maria Clara Dias, Luis Eslava
Horizons Of Inclusion: Life Between Laws And Developments In Rio De Janeiro, Maria Clara Dias, Luis Eslava
University of Miami Inter-American Law Review
In this article we explore current debates about social inclusion in the Brazilian city of Rio de Janeiro. Through a comparison of two initiatives that aim to redress socio-economic segregation in Rio, we analyse the ontological position that these programs adopt towards their subjects, paying particular attention to the programs’ assumptions regarding the legality and development status of residents in informal neighbourhoods. Our aim is to demonstrate how some social inclusion programs recognize and respect the diversity and life experience of marginalized subjects, whereas other nominally successful programs do not achieve such objectives. In our view, such recognition ensures that …
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
Standing Up Against Corruption: An Analysis On The Matter Of N-M- And Corruption In The Americas, Summer E. Niemeier
University of Miami Inter-American Law Review
No abstract provided.
Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay
Ramirez-Peyro V. Holder: Protecting Mexican Informants From Themselves, David Seth Yohay
University of Miami Inter-American Law Review
No abstract provided.
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
University of Miami Inter-American Law Review
No abstract provided.
Gender, Globalization And Women's Issues In Panama City: A Comparative Inquiry, Elvia R. Arriola
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.
The Impact Of The Inter-American Convention Against Corruption, Giorleny D. Altamirano
The Impact Of The Inter-American Convention Against Corruption, Giorleny D. Altamirano
University of Miami Inter-American Law Review
No abstract provided.
Developments In The Institutional Architecture And Framework Of International Criminal And Enforcement Cooperation In The Western Hemisphere, Bruce Zagaris
University of Miami Inter-American Law Review
No abstract provided.
War For Sale! Battlefield Contractors In Latin America & The 'Corporatization' Of America's War On Drugs, Kristen Mccallion
War For Sale! Battlefield Contractors In Latin America & The 'Corporatization' Of America's War On Drugs, Kristen Mccallion
University of Miami Inter-American Law Review
No abstract provided.
The Victims Of Trafficking And Violence Protection Act Of 2000: Will It Become The Thirteenth Amendment Of The Twenty-First Century?, Michael R. Candes
The Victims Of Trafficking And Violence Protection Act Of 2000: Will It Become The Thirteenth Amendment Of The Twenty-First Century?, Michael R. Candes
University of Miami Inter-American Law Review
No abstract provided.
It Takes A Village To Raise A Child: The Role Of The Organization Of American States In Eliminating The Worst Forms Of Child Labor In Brazil, Charles T. Mantei
It Takes A Village To Raise A Child: The Role Of The Organization Of American States In Eliminating The Worst Forms Of Child Labor In Brazil, Charles T. Mantei
University of Miami Inter-American Law Review
No abstract provided.
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams
University of Miami Inter-American Law Review
No abstract provided.
The New Colombian Constitution: Democratic Victory Or Popular Surrender?, William C. Banks, Edgar Alvarez
The New Colombian Constitution: Democratic Victory Or Popular Surrender?, William C. Banks, Edgar Alvarez
University of Miami Inter-American Law Review
No abstract provided.
Regional And International Activities, Isidoro Zanotti
Regional And International Activities, Isidoro Zanotti
University of Miami Inter-American Law Review
No abstract provided.
Democratic Legality, M. Seabra Fagundes
Democratic Legality, M. Seabra Fagundes
University of Miami Inter-American Law Review
No abstract provided.