Comparative and Foreign Law Commons^™

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University of Miami Inter-American Law Review

No abstract provided.

Authoritarian Transfers, Günter Frankenberg, Fernanda G. Nicola

University of Miami Law Review

The rapid proliferation of foreign agent laws globally has become a hallmark of rising authoritarianism, with these laws weaponized to suppress dissent and stifle civil society. While the post-World War II study of legal transplants focused on liberal legal orders, the rise of authoritarian regimes has introduced a new dimension: the transnational movement and adaptation of authoritarian legal frameworks, or authoritarian transfers. This Article fills a critical gap by developing an analytical framework to distinguish authoritarian transfers from democratic ones, using transfer theory, a central theme in comparative law that explores how laws travel, adapt, and transform within new social …

The Legal Acrobatics Of Dealing With International Arbitral Awards Rendered In The United States, Damon R. Duchenne

University of Miami Law Review

International arbitration has become a preferred method for resolving cross-border commercial disputes, largely due to its efficiency and flexibility compared to traditional court litigation. However, the post-award phase, particularly the process of vacating or enforcing arbitral awards, presents significant complexities, especially in the United States. Despite the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) guiding the international recognition and enforcement of arbitral awards, the U.S. has introduced an anomaly by categorizing certain awards rendered within its jurisdiction as “nondomestic,” subjecting them to the Convention’s framework. This has led to confusion regarding whether such awards are …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Single-Owner Sociedades Within The Corporate Landscape Of Latin America, Nicolás José Muñiz Arias

University of Miami Inter-American Law Review

The concept of a sociedad in Latin America has undergone profound changes throughout this century. Following the example set by the French Code de commerce of 1807, the sociedad was initially viewed as a contractual arrangement between two or more partners who make contributions to a business for purposes of sharing in the resulting profit or loss, wherein a plurality of partners was an intrinsic component. Nonetheless, the notion of a sociedad has evolved to entail the establishment of a separate legal entity, making the plurality of partners requirement increasingly obsolete for its formation and/or operation.

This Article describes the …

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University of Miami Inter-American Law Review

No abstract provided.

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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.

Examining The Brazilian Supreme Federal Court’S Expanded Powers In The Bolsonaro Era: A Win For Democracy Or A Turn Toward Autocracy?, Théo G. De Sá-Kaye

University of Miami Inter-American Law Review

As Jair Bolsonaro rose to popularity and was elected the 38th president of Brazil in 2018, the global community grew concerned over his very public disdain for the country’s democratic institutions and admiration for Brazil’s 22-year-long military dictatorship. The Bolsonaro administration was marked by repeated attacks on the judiciary, a heavily criticized response to the COVID-19 pandemic, and, eventually, the storming of Congress and the Brazilian Supreme Court by Bolsonaro’s supporters– mirroring the January 6th insurrection in the U.S. However, the most significant aspect of the Bolsonaro presidency may not lie solely in his actions, but in the response from …

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University of Miami International and Comparative Law Review

No abstract provided.

Free Speech, Assembly, And Labor Rights In Singapore And The United States, Tyler Smith

University of Miami International and Comparative Law Review

No abstract provided.

Masthead

University of Miami International and Comparative Law Review

No abstract provided.

Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman

University of Miami International and Comparative Law Review

Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …

Standardizing Space Technologies As Admissible Evidence: Legal And Ethical Frameworks For U.S. Courts And The International Criminal Court, Tuana Yazici

University of Miami International and Comparative Law Review

This paper explores the increasing role of satellite and other space technologies — such as optical satellite imagery, radar, and artificial intelligence (AI) — in legal proceedings both in the U.S. and internationally. It examines relevant Supreme Court and appellate cases, as well as key international rulings, to assess how courts are addressing the legal challenges posed by surveillance technologies. These cases reveal the tension between advancing technology and existing privacy protections, highlighting the need for updated legal frameworks. The analysis also covers federal laws, including the Electronic Communications Privacy Act, alongside proposed legislation like the American Privacy Rights Act …

Exploring Statehood Through The Lens Of Palestine And Puerto Rico, Gabriela G. Ibáñez

University of Miami International and Comparative Law Review

No abstract provided.

Silent Shores: The Asean Human Rights Response To Refugee Protections, Lakshmi Sanmuganathan

University of Miami International and Comparative Law Review

Established on August 8, 1967, the Association of Southeast Asian Nations (“ASEAN”) emerged as the first intergovernmental organization dedicated to promoting peace, security, and regional unity in Southeast Asia. In 2009, ASEAN affirmed its commitment to human rights by founding the ASEAN Intergovernmental Commission on Human Rights (“AICHR”), the first regional human rights system in Asia. This note offers a critical evaluation of the ASEAN human rights system and its response to refugee rights, recognition, and protections in Southeast Asia. It begins by assessing the historical foundation that has shaped ASEAN’s contemporary constraints. Building on this historical analysis, the focus …

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

Articles

This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Defining A Field And Building A Human Rights In Patient Care Community, Tamar Ezer

Articles

No abstract provided.

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University of Miami Inter-American Law Review

No abstract provided.

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University of Miami Inter-American Law Review

No abstract provided.

America’S Footnote: International Intervention Required To Decolonize Guam, Katherine Murray

University of Miami Inter-American Law Review

No abstract provided.

The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez

University of Miami International and Comparative Law Review

This Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions …

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University of Miami International and Comparative Law Review

No abstract provided.

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University of Miami International and Comparative Law Review

No abstract provided.

The Evolution Of Immigration Policy And Law Within The Democratic Party: A Comparative Analysis Of Immigration Law And Policy Between The Obama And Biden Administrations, Armando A. Olmedo Arias

University of Miami International and Comparative Law Review

No abstract provided.

Power And Finesse: How The United States’ And Australia’S Women’S National Soccer Teams Score For Equal Pay, Arianna Amato

University of Miami International and Comparative Law Review

Over the last fifty years, women’s soccer has emerged as a segment of the sport attracting an audience of all ages, genders, and national origins. Despite its relatively young but dense history, the sport’s following is fun, passionate, and inspiring to both die-hard fans and casual viewers alike. However, with its explosion in popularity comes a corresponding rise in life-altering issues requiring legal solutions. Behind the scenes, these female athletes come together not only over their love of the beautiful game but in confronting similar challenges regarding their employment agreements, which are governed by domestic and international labor law, as …

How Eastern Europe Can Protect Their Cultural Heritage Via Copyright Protection Of Folk Music And How This Compares To Copyright Protection Of Music In The United States, Kostika Kosova

University of Miami International and Comparative Law Review

This note explores the intricate interplay between cultural heritage preservation and copyright protection, focusing on the distinctive case of Eastern European folk music. It delves into the historical and cultural significance of Eastern European folk music traditions, the challenges posed to their preservation, and the copyright protection mechanisms in place across the region. In parallel, the paper provides an in-depth analysis of copyright protection in the United States, highlighting its implications for folk music.

The comparative analysis showcases the unique approaches of Eastern European nations and the United States in safeguarding their respective folk music heritages. By examining key case …

Fashion Upcycling As Protected Free Speech In Trademark Law, Martin Senftleben

University of Miami International and Comparative Law Review

Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing. Using second-hand garments as raw material for new creations, upcyclers transform used pieces of clothing into new fashion products that may become even more sought-after than the original source material. The more fashion elements enjoy trademark protection; however, the more legal obstacles arise. Fashion upcycling may trigger allegations of consumer confusion, brand dilution, and unfair freeriding. As the Introduction will explain, the exhaustion of trademark rights after the first sale does not necessarily dispel concerns about trademark infringement. The rearrangement of branded garment components in the upcycling process may …

Failure To Influence: Legislation Requiring Social Media Influencers To Disclose Their Retouched Images Will Not Address Youth Body Image Concerns, Michael Stuart

University of Miami International and Comparative Law Review

In 2013, Israel’s Act Limiting Weight in the Modelling Industry first came into effect, requiring advertisers to disclose when images of commercial models have been digitally altered. The Act, which was the first of its kind, has come to be known as Israel’s “Photoshop Law” and was designed to help models maintain healthy weights and to ensure transparency in fashion advertising. Now, in response to growing concerns over body image issues linked with youth social media consumption, several nations around the world, including Norway and the United Kingdom, have proposed or enacted regulations that require social media influencers to add …

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University of Miami International and Comparative Law Review

No abstract provided.