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Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
University of Miami Law Review
The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards. Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own …
How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown
How Hard Can This Be? The Dearth Of U.S. Tax Treaties With Latin America, Patricia A. Brown
University of Miami Law Review
The United States has fewer tax treaties with countries in Latin America and the Caribbean than the United Kingdom, France, Germany, Spain and even China have with such countries. After first describing ways in which tax treaties reduce barriers to cross-border trade and investment, this Article considers in turn various possible explanations for this situation. It examines, and rejects, the hypothesis that Latin American countries are reluctant to enter into tax treaties in general. It then considers, and rejects, the possibility that Latin American countries are opposed to in-creased trade and investment from the United States in particular. It then …
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
Privacy Protection(Ism): The Latest Wave Of Trade Constraints On Regulatory Autonomy, Svetlana Yakovleva
University of Miami Law Review
Countries spend billions of dollars each year to strengthen their discursive power to shape international policy debates. They do so because in public policy conversations labels and narratives matter enormously. The “digital protectionism” label has been used in the last decade as a tool to gain the policy upper hand in digital trade policy debates about cross-border flows of personal and other data. Using the Foucauldian framework of discourse analysis, this Article brings a unique perspective on this topic. The Article makes two central arguments. First, the Article argues that the term “protectionism” is not endowed with an inherent meaning …