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Modes Of Warfare And Evolving Standards Of Environmental Protection Under The International Law Of War, John Alan Cohan Jun 2022

Modes Of Warfare And Evolving Standards Of Environmental Protection Under The International Law Of War, John Alan Cohan

Florida Journal of International Law

This Article examines the current norms and standards that exist in international law that address environmental damage occurring in time of war. To understand the complexity of the problem, I first address the theoretical underpinning of environmental protection—comparing the anthropocentric view and the competing view that the environment ought to be protected because it has intrinsic value. These competing perspectives help fame the issue in the later examination of this Article of relevant international conventions pertaining to the environment in time of war. Next, this Article discusses the current laws of armed conflict, as military planners must inevitably weigh the …


The Laws Of War Waged Between Democratic States And Terrorist Organizations: Real Or Illusive?, Emanuel Gross Jun 2022

The Laws Of War Waged Between Democratic States And Terrorist Organizations: Real Or Illusive?, Emanuel Gross

Florida Journal of International Law

In this Article, we shall try to define this new kind of war. We shall analyze the rules of war in the modern age and examine whether these rules are also applicable in an unconventional war—a war on terror. This is a war with an enemy that does not observe the limits of violence and force; an enemy which aspires to realize its irrational ideology in an irrational way, showing total disregard for the value of human life, of either its own terrorist “soldiers” or, of course, of it enemies.


The Law Is The Legal Framework That Governs Relationships, Maria C. Stewart Jun 2022

The Law Is The Legal Framework That Governs Relationships, Maria C. Stewart

Florida Journal of International Law

No abstract provided.


Obstacles Encountered Representing The Interests Of Cuban Nationals In The American Courts, Jose I. Valdes, Enrique Zamora Jun 2022

Obstacles Encountered Representing The Interests Of Cuban Nationals In The American Courts, Jose I. Valdes, Enrique Zamora

Florida Journal of International Law

No abstract provided.


Selected Aspects Of Cuba's Intellectual Property Laws, Jesus (Jay) Sanchelima Jun 2022

Selected Aspects Of Cuba's Intellectual Property Laws, Jesus (Jay) Sanchelima

Florida Journal of International Law

It is the main purpose of this writing to address selected topics of the intellectual property laws of Cuba, to compare them with U.S. laws, when applicable, and to address potential effects on U.S. intellectual property rights.


Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta Esperanza Hernández-Truyol Jun 2022

Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta Esperanza Hernández-Truyol

Florida Journal of International Law

No abstract provided.


Cuba's Business Enterprises: How Business Is Conducted On The Island, Antonio R. Zamora Jun 2022

Cuba's Business Enterprises: How Business Is Conducted On The Island, Antonio R. Zamora

Florida Journal of International Law

No abstract provided.


Thinking About Cuba: Post-Castro Cuba Began A Decade Ago, Michael Wallace Gordon Jun 2022

Thinking About Cuba: Post-Castro Cuba Began A Decade Ago, Michael Wallace Gordon

Florida Journal of International Law

No abstract provided.


International Internet Jurisdiction; Whose Law Is Right?, Rinat Hadas Jun 2022

International Internet Jurisdiction; Whose Law Is Right?, Rinat Hadas

Florida Journal of International Law

No abstract provided.


Colombia's Peace Process: The Continuous Search For Peace, Maria Cristina Cardenas Jun 2022

Colombia's Peace Process: The Continuous Search For Peace, Maria Cristina Cardenas

Florida Journal of International Law

This Article examines the Colombian peace process, including an analysis of the historical context in which it takes place, and the process by which the current peace process took shape. This Article also explores factors that affect the Colombian peace process, such as the war on drugs and the increasing involvement of the United States in that war. Additionally, the conflict in Colombia has had devastating effects on the human rights situation in Colombia. The growing number of human rights violations suggest an inadequacy of legal protections afforded to those who are involved in the conflict in Colombia. This Article …


Reforming The U.N. Security Council: Open Letter To Kofi Annan, Craig Hammer Jun 2022

Reforming The U.N. Security Council: Open Letter To Kofi Annan, Craig Hammer

Florida Journal of International Law

No abstract provided.


Growing Pains: European Union Enlargement And The Restructuring Of The European Commission Under The Treaty Of Nice, Charles W. Smitherman Iii Jun 2022

Growing Pains: European Union Enlargement And The Restructuring Of The European Commission Under The Treaty Of Nice, Charles W. Smitherman Iii

Florida Journal of International Law

This Article analyzes the effects of the Treaty of Nice on the European Commission (Commission), and the problems left unanswered in this latest design. Part I provides a brief background on the European Union and the pending plans for enlargements, while Part II analyzes the role of the Commission and its composition before and after the Treaty of Nice. Finally, Part III discusses the problems and questions left unanswered under the Treaty of Nice as to the composition and functioning of the Commission in an enlarged European Union.


The International Criminal Court And Its Implication For Domestic Law And National Capacity Building, Mark S. Ellis Jun 2022

The International Criminal Court And Its Implication For Domestic Law And National Capacity Building, Mark S. Ellis

Florida Journal of International Law

This Article explores the concept of complementarity as it is embodied by the Rome Statute, focusing on how it will affect domestic law and whether it will promote or hinder national capacity building. It also suggests a new mechanism that would involve the international community in determining whether a state has the capacity to undertake national prosecutions.


Intervention In Iraq: Towards A Doctrine Of Anticipatory Counter-Terrorism, Counter-Proliferation Intervention, Christopher Clarke Posteraro Jun 2022

Intervention In Iraq: Towards A Doctrine Of Anticipatory Counter-Terrorism, Counter-Proliferation Intervention, Christopher Clarke Posteraro

Florida Journal of International Law

This Article analyzes the international legal implications of the particular problem facing U.S. policymakers are they confront the threat posed by Iraqi support of international terrorism and its pursuit of weapons of mass destruction. In Part II, this Article examines the bloody legacy of the Hussein regime. Hussein’s disregard for the lives of his own citizens, exemplified by the genocide of Iraqi Kurds, his pursuit of weapons of mass destruction, and his support for international terrorism, are essential components to an understanding of why the United States can justifiably view his ouster as imperative. Part III examines the existing international …


Legal Education In The Americas, Jon Mills, Alejandro Ogarrio, Robert R. Hendry, Jessica Parker, Rafael González Ballar, George H. Millard Jun 2022

Legal Education In The Americas, Jon Mills, Alejandro Ogarrio, Robert R. Hendry, Jessica Parker, Rafael González Ballar, George H. Millard

Florida Journal of International Law

No abstract provided.


The Export Of Medical Supplies And Agriculture Products In Cuba, Stephen J. Powell, Terry L. Mccoy, William A. Messina Jr., Berta Hernández-Truyol, Adrian Jorge Makuc Jun 2022

The Export Of Medical Supplies And Agriculture Products In Cuba, Stephen J. Powell, Terry L. Mccoy, William A. Messina Jr., Berta Hernández-Truyol, Adrian Jorge Makuc

Florida Journal of International Law

No abstract provided.


The Potential For Future Economic Relations With Cuba, Michael W. Gordon, Teo A. Babun Jr., Antonio R. Zamora Jun 2022

The Potential For Future Economic Relations With Cuba, Michael W. Gordon, Teo A. Babun Jr., Antonio R. Zamora

Florida Journal of International Law

No abstract provided.


Environmental Damages And Crimes, Jeffrey S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas Jun 2022

Environmental Damages And Crimes, Jeffrey S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas

Florida Journal of International Law

No abstract provided.


Argentina's Efforts At Financial Recovery And Impacts Of The Crisis On Mercosur And Ftaa Talks, Jon Mills, Adrian Jorge Makuc Jun 2022

Argentina's Efforts At Financial Recovery And Impacts Of The Crisis On Mercosur And Ftaa Talks, Jon Mills, Adrian Jorge Makuc

Florida Journal of International Law

No abstract provided.


Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference—Opening Remarks, Jon Mills Jun 2022

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference—Opening Remarks, Jon Mills

Florida Journal of International Law

No abstract provided.


Organized Crime, Terrorism, And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Alan Lambert, George H. Millard, Peter M. German Jun 2022

Organized Crime, Terrorism, And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Alan Lambert, George H. Millard, Peter M. German

Florida Journal of International Law

No abstract provided.


International Law: Closing The Gap On Extraterritorial Jurisdiction One Way Or The Other, Jung Yoon Jun 2022

International Law: Closing The Gap On Extraterritorial Jurisdiction One Way Or The Other, Jung Yoon

Florida Journal of International Law

No abstract provided.


South Africa's Truth And Reconciliation Commission: A Model For The Future, Tama Koss Jun 2022

South Africa's Truth And Reconciliation Commission: A Model For The Future, Tama Koss

Florida Journal of International Law

No abstract provided.


Copyright Piracy In Vietnam: The Impediments Of Weak Enforcement On Vietnam's Attempts To Enter The World Market, Julie Siefkas Jun 2022

Copyright Piracy In Vietnam: The Impediments Of Weak Enforcement On Vietnam's Attempts To Enter The World Market, Julie Siefkas

Florida Journal of International Law

This Note examines three approaches that Vietnam may implement to successfully bring its copyright laws into conformity with international intellectual property standards. Part I introduces international copyright standards as defined by the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and under TRIPS.

Part II reviews the independent, unilateral legislative measures enacted by Vietnam to establish copyright protection, including the Decree on Copyright Protection, the Ordinance on Copyrights, and the Vietnam Civil Code. The section will also illustrate the weaknesses of the laws and suggest measures to facilitate compliance with copyright laws.

Part III introduces the …


Globalization Of Merger Control—A Look At Bilateral Cooperation Through The Ge/Honeywell Case, Ariel Ezrachi Jun 2022

Globalization Of Merger Control—A Look At Bilateral Cooperation Through The Ge/Honeywell Case, Ariel Ezrachi

Florida Journal of International Law

This Article addresses several of the sounding parameters of multinational merger control. Initially, it reviews the global progression of merger control regimes and highlights the way in which the multitude of jurisdictions affect undertakings. Afterwards, the Article describes the domestic jurisdiction’s perspective in facing the global market and examines the different incentives that may lead it to cooperate with other competition jurisdictions. Finally, the Article evaluates the U.S. and E.U. approaches towards co-operation, while analyzing their ability to address global happenings.


Adverse Effects Of The Illicit Movement And Dumping Of Hazardous, Toxic, And Dangerous Wastes And Products On The Enjoyment Of Human Rights, Cyril Uchenna Gwam Jun 2022

Adverse Effects Of The Illicit Movement And Dumping Of Hazardous, Toxic, And Dangerous Wastes And Products On The Enjoyment Of Human Rights, Cyril Uchenna Gwam

Florida Journal of International Law

No abstract provided.


The Roma And Native Americans: Encapsulated Comunities Within Larger Constitutional Regimes, Edo Banach Jun 2022

The Roma And Native Americans: Encapsulated Comunities Within Larger Constitutional Regimes, Edo Banach

Florida Journal of International Law

No abstract provided.


Pills, Patents, And Power: State Creation Of Gray Markets As A Limit On Patent Rights, Shubha Ghosh Jun 2022

Pills, Patents, And Power: State Creation Of Gray Markets As A Limit On Patent Rights, Shubha Ghosh

Florida Journal of International Law

The question, of course, is whether allowing gray markets for pharmaceuticals is effective. I address this question in this Article and conclude that while the gray market solution is appropriate in South Africa, its effectiveness, as proposed, is questionable in the United States. While ideally it would be more appropriate to address the problems directly as human rights matters, the solution of creating gray markets may be the most effective within the constraints of the current legal system. However, the gray market must be created in a suitable and rational fashion. I develop these points as follows. Part II presents …


Rights, Patents, Markets And The Global Aids Pandemic, James Thuo Gathii Jun 2022

Rights, Patents, Markets And The Global Aids Pandemic, James Thuo Gathii

Florida Journal of International Law

No abstract provided.


International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan Jun 2022

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

Florida Journal of International Law

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …