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Real Estate Investments In Cuba: Back To The Future, Antonio R. Zamora Jun 2022

Real Estate Investments In Cuba: Back To The Future, Antonio R. Zamora

Florida Journal of International Law

This article reviews the development of real estate in present day Cuba with particular emphasis on residential real estate. In order to do this, we must look both to the past and to the future. In looking to the past, this article first discusses how Cuba’s foreign investment program arrived at its present state of affairs, and second, analyzes the legal framework for real estate development in Cuba, which surprisingly is partially based on pre-revolution (1959) legislation. Next, this article attempts to predict where real estate development in Cuba is going and what obstacles, such as foreign ownership claims and …

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Some Milestones And Achievements At The International Criminal Tribunal For Rwanda: The 1998 Kambanda And Akayesu Cases, Paul J. Magnarella Jun 2022

Some Milestones And Achievements At The International Criminal Tribunal For Rwanda: The 1998 Kambanda And Akayesu Cases, Paul J. Magnarella

Florida Journal of International Law

No abstract provided.

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Securities Regulations As A Limitation On Access To Foreign Securities For The Individual United States Investor: A Proposal For Change, Marco Ferri Jun 2022

Securities Regulations As A Limitation On Access To Foreign Securities For The Individual United States Investor: A Proposal For Change, Marco Ferri

Florida Journal of International Law

This comment examines the dramatic increase in global trade and investment, particularly in emerging markets, and the reasons behind the increased desire of U.S. investors to invest in foreign securities. This comment also addresses how the stringent requirements of this legislation restrict access to capital, to the detriment of emerging markets and U.S. investors. It shows that while it is both important and appropriate to maintain securities regulations in order to insure the integrity of U.S. markets it is equally important to amend these regulations in order to advance the U.S. and global economics and to help maintain the competitive …

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"One Tomato, Two Tomato . . ." Selection Of Trade Remedy Laws In The Florida-Mexico Tomato Conflict, Eric P. Salonen Jun 2022

"One Tomato, Two Tomato . . ." Selection Of Trade Remedy Laws In The Florida-Mexico Tomato Conflict, Eric P. Salonen

Florida Journal of International Law

Using the Tomato investigations and other recent trade cases, and the hypothetical fact pattern set forth by Professor Gordon, this article examines the ITC’s administration of the safeguard and antidumping laws. It begins with an overview of these laws and the issues the ITC addresses when applying them. The article then examines the three Tomato cases and highlights the key issues that led the commissioners to their conclusions. Finally, this article discusses some of the lessons that may be drawn from the experience of the Florida tomato growers and the issues that domestic industries should consider when deciding what remedy …

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U.S. Restrictions On Imports Of Winter Vegetables From Mexico, Patrick F.J. Macrory Jun 2022

U.S. Restrictions On Imports Of Winter Vegetables From Mexico, Patrick F.J. Macrory

Florida Journal of International Law

This article discusses the various import relief cases brought by the Florida winter vegetable industry and considers the likelihood of future cases under the import relief laws. It also discusses other avenues that the Florida industry might pursue to restrict Mexican imports, such as efforts to obtain federal or state legislation or administrative action imposing stricter phytosanitary, marking, or packing requirements on Mexican produce, and considers whether these actions would be compatible with the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) agreements.

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The Extraterritorial Effects Of U.S. Unilateral Trade Sanctions And Their Impact On U.S. Obligations Under Nafta, Harvey Oyer Jun 2022

The Extraterritorial Effects Of U.S. Unilateral Trade Sanctions And Their Impact On U.S. Obligations Under Nafta, Harvey Oyer

Florida Journal of International Law

This note examines a cross-section of federal, state, and local unilateral trade sanctions and compares their provisions to U.S. obligations under the provisions of NAFTA in order to uncover potential conflicts. This note then postulates potential U.S. defenses against allegations of NAFTA violations caused by the trade sanctions and draws conclusions regarding the legal, economic, and political consequences of the continued use of unilateral trade sanctions, especially those that have the effect of imposing a secondary boycott. Specifically, part II provides a general historical background of the rise, fall, resurrection, and recent proliferation of the use of unilateral trade sanctions …

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The Role Of United States Trade Laws In Resolving The Florida-Meixico Tomato Conflict, Stephen J. Powell, Mark A. Barnett Jun 2022

The Role Of United States Trade Laws In Resolving The Florida-Meixico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

Florida Journal of International Law

This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute settlement mechanisms of the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO).

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The New German Insider Law: Introduction And Discussion In Relation To United States Securities Law, Peter M. Memminger Jun 2022

The New German Insider Law: Introduction And Discussion In Relation To United States Securities Law, Peter M. Memminger

Florida Journal of International Law

No abstract provided.

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Payment By Mistake In English Law, Yung Frank Chiang Jun 2022

Payment By Mistake In English Law, Yung Frank Chiang

Florida Journal of International Law

Part I discusses the rule of recovery based on natural justice. The New York law restitution, as applied by the Ninth Circuit Court of Appeals in Morgan Guaranty, is in accord with the earlier English rule, which has long been discarded by English courts. Part II discusses the rules of recovery developed by English courts founded upon the theory of imputed promise. It discusses three situations under which the law will not impute such promise. It then goes on to discuss the situations where the law imputes a promise to pay, what the defenses of the payee are. Part …

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Proceedings Of The Ninth Annual Conference On Legal Aspects Of Doing Business In Latin America: New Approaches: Looking To The Twenty-First Century—Civil Law Comparisons, Jose A. Santos, Keith Rosen, Raul Lozano Merino, Antonio Estefan Chaul, Ariel Bentata, Armando J. Tirado Jun 2022

Proceedings Of The Ninth Annual Conference On Legal Aspects Of Doing Business In Latin America: New Approaches: Looking To The Twenty-First Century—Civil Law Comparisons, Jose A. Santos, Keith Rosen, Raul Lozano Merino, Antonio Estefan Chaul, Ariel Bentata, Armando J. Tirado

Florida Journal of International Law

No abstract provided.

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Proceedings Of The Ninth Annual Conference On Legal Aspects Of Doing Business In Latin America: New Approaches: Looking To The Twenty-First Century—Exploitation Of Natural Resources And Environmental Concerns, Jose A. Santos, Pablo Rueda, Jose Maria Eyzaguirre, Antonio Carlos Gonçalves, Fausto C. Miranda, Bruce Peterson, Gregory M. Hazle Jun 2022

Proceedings Of The Ninth Annual Conference On Legal Aspects Of Doing Business In Latin America: New Approaches: Looking To The Twenty-First Century—Exploitation Of Natural Resources And Environmental Concerns, Jose A. Santos, Pablo Rueda, Jose Maria Eyzaguirre, Antonio Carlos Gonçalves, Fausto C. Miranda, Bruce Peterson, Gregory M. Hazle

Florida Journal of International Law

No abstract provided.

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Veil Piercing And Successor Liability In The United Kingdom, Dan D. Prentice Jun 2022

Veil Piercing And Successor Liability In The United Kingdom, Dan D. Prentice

Florida Journal of International Law

This article addresses some of the issues raised in the hypothetical that formed the focus of the discussion at the Florida Journal of International Law’s Fourth Annual International Business Symposium.

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United States Extraterritorial Subject Matter Jurisdiction In Securities Fraud Litigation, Michael Wallace Gordon Jun 2022

United States Extraterritorial Subject Matter Jurisdiction In Securities Fraud Litigation, Michael Wallace Gordon

Florida Journal of International Law

No abstract provided.

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Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip I. Blumberg Jun 2022

Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip I. Blumberg

Florida Journal of International Law

This article commences with an attempt to delineate the various forms that the concepts of control and shared control can assume in any given case. It then examines shared control as a subset of the larger doctrine of control. After exploring the use of control as the primary legal standard, this article seeks to ascertain the light, if any, cast by the available materials in various contexts involved on the significance of shared control. It concludes that shared control appears to serve as a basis for liability under enterprise purposes only in a limited area and that the prospects for …

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The Contnuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip I. Blumberg Jun 2022

The Contnuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip I. Blumberg

Florida Journal of International Law

No abstract provided.

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Should Florida Be A "Courthouse For The World?": The Florida Doctrine Of Forum Non Conveniens And Foreign Plaintiffs, Christine Russell Jun 2022

Should Florida Be A "Courthouse For The World?": The Florida Doctrine Of Forum Non Conveniens And Foreign Plaintiffs, Christine Russell

Florida Journal of International Law

No abstract provided.

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Civil Procedure: The Recognition Of Hong Kong As A Foreign State For Purposes Of Diversity, Peter Lam Jun 2022

Civil Procedure: The Recognition Of Hong Kong As A Foreign State For Purposes Of Diversity, Peter Lam

Florida Journal of International Law

No abstract provided.

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Keep Your Filthy Hands Off My Painting! The Visual Artists Rights Act Of 1990 And The Fifth Amendment Takings Clause, Chintan Amin Jun 2022

Keep Your Filthy Hands Off My Painting! The Visual Artists Rights Act Of 1990 And The Fifth Amendment Takings Clause, Chintan Amin

Florida Journal of International Law

No abstract provided.

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Defamation Of Public Figures: Is New York Times Outdated?, Michael S. Grimsley Jun 2022

Defamation Of Public Figures: Is New York Times Outdated?, Michael S. Grimsley

Florida Journal of International Law

The balancing of freedom of speech and the protection of personal reputation has been the subject of litigation for many years. The law of defamation of public figures was finally settled by the United States Supreme Court in 1964 with its landmark holding in New York Times v. Sullivan. In New York Times, Justic Brennan held that public officials could recover for defamation only upon showing that their defamers knew or should have known that their statements were false. This standard has been upheld for over thirty years. Recently, however, the ruling in New York Time has been …

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Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Nationality, Veil Piercing, And Successor Liability, Michael Wallace Gordon, Phillip I. Blumberg, Dan D. Prentice Jun 2022

Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Nationality, Veil Piercing, And Successor Liability, Michael Wallace Gordon, Phillip I. Blumberg, Dan D. Prentice

Florida Journal of International Law

No abstract provided.

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The Proposed Florida Nonindigenous Species Statute: A Salvation For The Lacey Act, Shannon K. Baruch Jun 2022

The Proposed Florida Nonindigenous Species Statute: A Salvation For The Lacey Act, Shannon K. Baruch

Florida Journal of International Law

Part II of this note looks at the consequences associated with the introduction of injurious NIS. Part III examines the legal background of, and the authority for, the proposed Florida NIS statute in terms of its constitutionality and as legislation in aid of the Florida Game and Freshwater Fish Commission (FGFFC) and the citizens suit enforcement provision of the statute. Part IV discusses the impact of the proposed NIS statute on interstate commerce in terms of the doctrine of nondiscrimination, state economic protectionism, and the market-participant doctrine, as applied to the introduction and management of exotic species in Florida. Part …

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European Law And Public Utility Open Access, Alexander J. Black Jun 2022

European Law And Public Utility Open Access, Alexander J. Black

Florida Journal of International Law

European Union (EU) development of the Internal Energy Market is imminent. This article discusses open access in the European gas industry, which is closely following the 1997 progress in the electricity sector. Once the rules are completed, the federal-like Internal Energy Market will promote allocative efficiency and a secure supply of energy. It will coordinate licensing, rate setting, and dispute resolution procedures and provide transparent commodity and transportation rates. Re-regulation will courage lower prices and increased benefits for energy users.

Part II describes structural characteristics of the Internal Energy Market, identifies major environmental and security of supply concerns, and discusses …

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Simultaneous Breakout Sessions, William P. Andrews, Jeffrey Snyder, John H. Rooney Jun 2022

Simultaneous Breakout Sessions, William P. Andrews, Jeffrey Snyder, John H. Rooney

Florida Journal of International Law

No abstract provided.

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Structuring Direct And Indirect Investment In Latin America: Country Updates, William P. Andrews, Ricardo Seeber, Jose Maria Eyzaguirre, Saturnino Lucio, Willy Morgan Jun 2022

Structuring Direct And Indirect Investment In Latin America: Country Updates, William P. Andrews, Ricardo Seeber, Jose Maria Eyzaguirre, Saturnino Lucio, Willy Morgan

Florida Journal of International Law

No abstract provided.

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Unique Opportunities And Challenges: Country Updates, Tony Santos, Leo Strauss, L. Janá Sigars, Ricardo Cata, Mirko Schlossberg, Esther Nunes, Antoinette Zel, Mark Cowan Jun 2022

Unique Opportunities And Challenges: Country Updates, Tony Santos, Leo Strauss, L. Janá Sigars, Ricardo Cata, Mirko Schlossberg, Esther Nunes, Antoinette Zel, Mark Cowan

Florida Journal of International Law

No abstract provided.

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Trade With Latin America: Considerations In Export Trade, Bruce Horowitz, L. Janá Sigars, Eduardo Wiesner, Peter Alois, John Biehl, Ariel Bentata Jun 2022

Trade With Latin America: Considerations In Export Trade, Bruce Horowitz, L. Janá Sigars, Eduardo Wiesner, Peter Alois, John Biehl, Ariel Bentata

Florida Journal of International Law

No abstract provided.

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Women's Right To Equal Pay In The International Workplace: Is The United States A Poor Leader And A Poor Follower?, Cynthia Reddick-Martin Jun 2022

Women's Right To Equal Pay In The International Workplace: Is The United States A Poor Leader And A Poor Follower?, Cynthia Reddick-Martin

Florida Journal of International Law

This note addresses the comparative positions of women in the United States and in Europe in the area of equal pay and comparable worth. Part one describes legislation in the United States, including the legislative histories of the Equal Pay Act and Title VII. Part two discusses the U.S. Supreme Court’s interpretation of the Equal Pay Act and Title VII. Part three describes the legislation in the EU, including the legislative histories of Article 119 and Equal Pay Directive 75/115. Part four discusses the ECJ’s interpretation of Article 119 and the Equal Pay Directive. Part five addresses how the United …

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International Trade And Foreign Investment In Colombia: A Sound Economic Policy Amidst Crisis, David J. Pascuzzi Jun 2022

International Trade And Foreign Investment In Colombia: A Sound Economic Policy Amidst Crisis, David J. Pascuzzi

Florida Journal of International Law

No abstract provided.

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Expanding The Frontiers Of Humnitarian Law: The International Criminal Tribunal For Rwanda, Paul J. Magnarella Jun 2022

Expanding The Frontiers Of Humnitarian Law: The International Criminal Tribunal For Rwanda, Paul J. Magnarella

Florida Journal of International Law

In 1994, Rwanda erupted into one of the most appalling cases of genocide that the world has witnessed since World War II. The United Nations (UN) Security Council, having recently created an international criminal tribunal for humanitarian law violators in the European States of the former Yugoslavia, decided it could do no less for African Rwanda. Since the Rwandan conflict was internal rather than international, the statute for its tribunal complements rather than replicates that of its Yugoslavian counterpart. Because the statute for the International Criminal Rwandan Tribunal (ICTR) contains a number of legal innovations, it will contribute significantly to …

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Cuba: An Economy In Transition?, Raul Moncarz, Leonardo Rodriguez Jun 2022

Cuba: An Economy In Transition?, Raul Moncarz, Leonardo Rodriguez

Florida Journal of International Law

This article is about an island in the Caribbean that is only ninety miles from the United States. This article is about Cuba where a totalitarian regime has charted that country’s economic course for the last thirty-six years. It discusses the legal, economic, moral, and ethical alternatives faced by foreign corporations and individuals considering investment in Cuba.

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