Comparative and Foreign Law Commons^™

Promised Lands: The Anabaptist Immigration To Paraguay And Bolivia And Its Unintended Consequences For The Environment, Sarah M. Hanners

University of Miami Inter-American Law Review

There is a human dimension to the slaughter of the Amazon that does not always make its way into the conventional deforestation narrative. This note examines the destruction of the Amazon through the very human experience of the Anabaptists: religious outliers who fled Europe for the Americas, seeking freedom from persecution and a promise of greener pastures. They have since indelibly transformed the landscape of the Amazon in Bolivia and Paraguay, and their efforts have caught the attention of huge agricultural conglomerates, whose bottom lines have little respect for forest life. The environmental regulations of these countries fall short of …

Brazil’S New Path To Meaningful Intellectual Property Protection, Luiz Miranda

University of Miami Inter-American Law Review

Today in Brazil, it takes over eleven years to receive legal rights to an invention by means of a patent. This state of affairs provides inadequate intellectual property protection for inventors and businesses, hampering Brazil’s desire to accelerate innovation, entrepreneurship, and economic growth through a national patent system. But a new Joint Agreement between the Government of the United States and the Government of the Federative Republic of Brazil could mean rescue is on the way. Both governments agreed to engage in patent work sharing programs between the two patent offices, in hopes of increased efficiency. Yet, some scholars have …

Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo

University of Miami Inter-American Law Review

The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.

The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions …

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham

Articles

A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …

Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, J. Janewa Osei-Tutu

Articles

Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation's cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Rio’S 2016 Olympic Golf Course: City’S Last Remaining Ecosystems Left “In The Rough”, Charles Vercillo

University of Miami Inter-American Law Review

The sport of golf returned as an official event at the 2016 Summer Olympics held in Rio de Janeiro following a prolonged absence from the Games. To accommodate golf’s return, the city of Rio endorsed the construction of the Olympic golf course on land adjoining the Marapendi lagoon—land historically known to be ecologically valuable and environmentally protected. With the Games rapidly approaching, the city quickly passed complementary Law 125, stripping this land of its environmental protection, and instead authorizing a golf course as a sustainable use of the land.

Local environmentalists have challenged the legislation and the city’s decision, arguing …

Chasing Democracy: The Development And Acceptance Of Jury Trials In Argentina, Caitlyn Scherr

University of Miami Inter-American Law Review

Argentina’s 1853 National Constitution and the 1994 amendment to the Code of Criminal Procedure both guarantee a right to a trial by jury, yet the Argentine Congress has failed to pass the necessary legislation to establish a national jury system. However, nothing has stopped the individual provinces from creating their own systems for public participation. In the 1990’s, the province of Córdoba implemented mixed juries. The Neuquén province successfully implemented an even more advanced jury system in 2011. In recent years, this has created a snowball effect, with Buenos Aires, Chaco, and at least three other provinces following suit in …

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.

The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee

University of Miami International and Comparative Law Review

No abstract provided.

The Rise Of Independent Directors In Australia: Adoption, Reform, And Uncertainty, Luke Nottage, Fady Aoun

University of Miami International and Comparative Law Review

No abstract provided.

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 …

The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja

University of Miami Inter-American Law Review

This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state entities; (b) …

Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario

University of Miami Inter-American Law Review

Esta nota se tratará el tema de Bitcoin, la criptomoneda líder que surge en el año 2009 como una alternativa a la moneda fiduciaria. Bitcoin ha crecido considerablemente, tanto en términos de valor como en la conciencia colectiva internacional; sin embargo, los anuncios y regulaciones exploradas afectarían a todas las monedas digitales en general. Primero, esta nota explica el concepto tecnológico y funcional detrás de Bitcoin en términos de fácil acceso para el usuario y proporciona una breve discusión teórica sobre la historia de la aparición del dinero en el comercio. Segundo, analiza algunos de los efectos que tendría la …

To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary

University of Miami Inter-American Law Review

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …

Financial Stability, Financial Services, And The Single Market, Caroline Bradley

Articles

No abstract provided.

La Justicia, La Verdad Y La Prueba: No Tan Simple, Después De Todo, Susan Haack

Books and Book Chapters

Este libro es una compilación de los trabajos que se presentaron en el Congreso Homenaje a Michele Taruffo los días 23 y 24 de enero de 2015 en Girona, organizado por la Cátedra de Cultura Jurídica de la Universidad de Girona. Los artículos están organizados en tres apartados que describen las principales líneas temáticas de nuestro homenajeado: derecho comparado, precedentes y prueba. El lector encontrará en cada uno de los trabajos un análisis crítico de las principales ideas sostenidas por Michele Taruffo en sus obras y también la respuesta de este a las distintas observaciones presentadas a debate.

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui

University of Miami International and Comparative Law Review

No abstract provided.

Carrier Liability For Damages Incurred By Ship Passengers: The European Union As A Trailblazer Towards A Global Liability Regime?, Stefan Kirchner, Grit Tüngler, Jan Martin Hoffmann

University of Miami International and Comparative Law Review

No abstract provided.

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.

Executive Acquiescence To Constitutional Norms And Judicial Decision-Making In South Africa, Andrew Konstant, Shayda Vance

University of Miami International and Comparative Law Review

No abstract provided.

The Fast Dealing Oil Trading Game: Oilopoly Russia’S Geostrategic Dominance Of The Oil Market Vís-A-Vís The European Union, Melissa Victoria Jordon

University of Miami International and Comparative Law Review

No abstract provided.

Actions And Reactions: The Evolution Of Environmental Common Law And Judicial Activism In India And The United States, Elizabeth B. Fata

University of Miami International and Comparative Law Review

No abstract provided.

Contract Remedies In Action: Specific Performance, Yonathan A. Arbel

Articles

How is a right to specific performance of a contract used by parties? Despite longstanding scholarly interest in the topic, this question has been largely left unexplored. This Article presents a qualitative study of parties and attorneys involved in specific performance litigation. It investigates how parties choose between remedies, whether they negotiate after judgment for specific performance, whether specific performance is implemented, and the difficulties involved in its implementation.

The findings reveal important theoretical oversights and challenges to prevailing law. In practice, many plaintiffs opt out of specific performance. This is puzzling as expectation damages are notoriously under compensatory relative …

Should The United States Move Towards Portugal's Decriminalization Of Drugs?, Lauren Gallagher

University of Miami International and Comparative Law Review

No abstract provided.

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

University of Miami Inter-American Law Review

No abstract provided.

An Analysis Of The Argentinian Bond Crisis, Irakli Shalolashvili

University of Miami Inter-American Law Review

No abstract provided.

The Use Of Coercion In The Child Maltreatment Investigation Field: A Comparison Of American And Scottish Perspectives, Daniel Pollack, Kirsteen Mackay, Katie Shipp

University of Miami International and Comparative Law Review

No abstract provided.