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Full-Text Articles in Law

The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina, Martin Hevia, Carlos Herrera Vacaflor May 2016

The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina, Martin Hevia, Carlos Herrera Vacaflor

University of Miami International and Comparative Law Review

No abstract provided.


Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker Feb 2016

Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker

University of Miami Inter-American Law Review

Costa Rica has for many years been deeply and genuinely committed to the worldwide rule of law and, in particular, to the protection of human rights through the inter-American legal system and to the jurisprudence of the Inter-American Court of Human Rights.

In the year 2000 Costa Rica’s Constitutional Chamber declared unconstitutional the country’s program of in-vitro fertilization, primarily because the program violated the right to life as guaranteed by the national Constitution and by international conventions, in that the in-vitro fertilization process exposed large numbers of embryos to death, as only a very small percentage of in-vitro fertilizations resulted …


Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman Jan 2016

Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman

University of Miami Business Law Review

This article explores when corporations can be held liable under the Alien Tort Statute for human rights abuses that are committed outside of the United States. The Alien Tort Statute grants the United States district courts jurisdiction for torts committed against foreigners in violation of the law of nations. While the Alien Tort Statute concerns international law, it does not indicate whether the district courts have jurisdiction over disputes that involve conduct outside of the United States.

In this article, I focus my analysis on the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. That case …