Law Commons^™

Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, Robert Hilton

University of Miami Inter-American Law Review

This Note delves into the complex legal landscape of Puerto Rico’s application of sovereign immunity in the context of federal false endorsement claims, focusing particularly on the recent case involving the unauthorized use of Hall of Fame baseball player Roberto Clemente’s name and likeness. It critically examines the intersectionality of Eleventh Amendment sovereign immunity with the Lanham Act’s Section 43(a), highlighting the challenges faced in enforcing intellectual property rights within unincorporated territories of the United States.

The analysis begins by exploring the historical basis of sovereign immunity and its evolution from common law to the intricacies of the Eleventh Amendment. …

Cuban Protests In 2021: An Opportunity To Implement Alternatives To Sanctions, Barbara Jimenez

University of Miami Inter-American Law Review

The relationship between the United States and Cuba can be described as anything but simple. In fact, it is the intricacy of the relationship that inspired this Note. A key point in the complex relationship between the United States and Cuba was the United States’ decision to impose the embargo in 1962. Since 1962, Cuba’s relationship with the United States, and its allies, changed entirely. While the embargo poses an economic sanction, the United States, throughout the years, has placed sanctions on Cuban officials as a result of human rights violations in Cuba. Broadly, sanctions target the officials and freeze …

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 …

Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic

University of Miami Inter-American Law Review

This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.

If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes

University of Miami Inter-American Law Review

In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.

Investment Treaty Arbitration In Cuba, Rafael Cox Alomar

University of Miami Inter-American Law Review

Not since the fateful days of the 1962 Missile Crisis, has Cuba commanded as much global attention as it does today. The 2014 diplomatic rapprochement between the United States and Cuba, not only did away with the last vestiges of the Cold War in Caribbean waters, but more importantly has coincided with a period of acute ideological effervescence in Havana. Even in the face of President Raúl Castro’s resolute commitment to the principles of the 1959 Revolution, it is more than evident that Cuba is in the midst of a transformational moment. And perhaps in no other area of the …

There’S No Such Thing As A Free Trade (Agreement): The Environmental Costs Of The Trans-Pacific Partnership, Paul Nuñez

University of Miami Inter-American Law Review

The global community is quickly approaching the limits of the carbon budget meant to keep the effects of climate change below 2 degrees Celsius. Yet, the Countries involved in negotiating the Trans-Pacific Partnership only incrementally strengthened the environmental protections contained within the agreement compared to other recent Free Trade Agreements. As with most Free Trade Agreements, the environmental community fears that any beneficial effect from the Trans-Pacific Partnership’s environmental provisions will be more than outweighed by its environmentally destructive consequences. The investor protection provisions are especially concerning to many environmental groups as these protections allow companies to sue governments to …

Treaty Of Amity, Commerce, And Navigation Between Brazil And The U.S., Prof. Dr. Attila S.L. Andrade Jr.

University of Miami Inter-American Law Review

This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of the Treaty, 13 years after its execution. It suggests and evidences that the historical cause lies in a political factor, that is, the conflicts between a Republican form of government and the Brazilian Imperial political system. The third and final part of …

The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson

University of Miami Inter-American Law Review

No abstract provided.

Isi, Po! Foreign Investment Dispute Resolution Does Have A Place In Trade Agreements In The Americas: A Comparative Look At Chapter 10 Of The United States -Chile Free Trade Agreement, Scott R. Jablonski

University of Miami Inter-American Law Review

No abstract provided.

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

University of Miami Inter-American Law Review

No abstract provided.

Protectionism Or Environmental Activism? The Wto As A Means Of Reconciling The Conflict Between Global Free Trade And The Environment, Katie A. Lane

University of Miami Inter-American Law Review

No abstract provided.

Free Trade Area Of The Americas: Is It Desirable?, David M. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

Caribbean Shiprider Agreements: Sunk By Banana Trade War?, Michelle Williams

University of Miami Inter-American Law Review

No abstract provided.

The Dynamics Of Economic Integration In The Western Hemisphere: The Challenge To America, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Open Regionalism Or Old-Fashioned Protectionism? A Look At The Performance Of Mercosur's Auto Industry, Stephen P. Sorensen

University of Miami Inter-American Law Review

No abstract provided.

Balancing The Goals Of Free Trade With Workers' Rights In A Hemispheric Economy, Bobbi-Lee Meloro

University of Miami Inter-American Law Review

No abstract provided.

Essay On Paper Presented By Ambler Moss And Stephen Lande, Osvaldo R. Agatiello

University of Miami Inter-American Law Review

No abstract provided.

Essay On John C. Thomure, Jr.'S Presentation, Valerie Hughes

University of Miami Inter-American Law Review

No abstract provided.

Reflections On Certain U.S. Law Specificities That Constitute Obstacles To The Free Trade Area Of The Americas: A Brazilian Perspective, Durval De Noronha Goyos

University of Miami Inter-American Law Review

No abstract provided.

Star Chamber Accountability: Appellate Review Of Nafta Chapter 20 Panel Decisions, John C. Thomure Jr.

University of Miami Inter-American Law Review

No abstract provided.

Asian-Pacific Economic Cooperation And The Free Trade Area Of The Americas, Possibilities Of Cross-Pacific Cooperation, Akio Hosono

University of Miami Inter-American Law Review

No abstract provided.

A Critical Year For Hemispheric Free Trade: Can Countries Agree On A Blueprint?, Ambler Moss, Stephen Lande

University of Miami Inter-American Law Review

No abstract provided.

Essay On The Free Trade Area Of The Americas, Steven E. Hendrix, Julie Mann

University of Miami Inter-American Law Review

No abstract provided.

Dispute Resolution Under A Freetrade Area Of The Americas:The Shape Of Things To Come, David Lopez

University of Miami Inter-American Law Review

No abstract provided.

Essay On Paper Presented By Robert M. Sherwood, George C.J. Moore

University of Miami Inter-American Law Review

No abstract provided.

The Continuing Viability Of The Banking And Financial Disc: A Tool For Sheltering Export Finance Income, Ricardo Corona

University of Miami Inter-American Law Review

No abstract provided.

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Philip A. Buhler

University of Miami Inter-American Law Review

No abstract provided.