Comparative and Foreign Law Commons^™

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 …

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi

University of Miami Inter-American Law Review

In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …

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 …

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 …

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 …

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.

Matter Of Discretion: The De Facto Abolition Of The Mandatory Death Penalty In Barbados – A Study Of The Boyce And Joseph Cases, Jane E. Cross

University of Miami Inter-American Law Review

No abstract provided.

Indirect Expropriation And Resource Nationalism In Brazil’S Mining Industry, Montserrat Corbella-Valea

University of Miami Inter-American Law Review

No abstract provided.

The New Ice Age: The Dawn Of Arctic Shipping And Canada’S Fight For Sovereignty Over The Northwest Passage, Caitlin O'Leary

University of Miami Inter-American Law Review

No abstract provided.

Recent Important Decisions By Thebrazilian Supreme Court, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

El Precio De Los Pesticidas: La Criminalización De La Fumigación Con Plaguicidas En Argentina Y Las Repercusiones Nacionales E Internacionales, Jamie Lynn Vanaria

University of Miami Inter-American Law Review

No abstract provided.

Volume 45:1 Expanding Online Universe, Shrinking Globe, Jamie Lynn Vanaria

University of Miami Inter-American Law Review

No abstract provided.

All Judicial Politics Are Local: The Political Trajectory Of Judicial Reform In Haiti, Louis-Alexandre Berg

University of Miami Inter-American Law Review

No abstract provided.

Lotteries And Public Policy In United States And Commonwealth Caribbean Law: Scrutinizing The Success Of Lotteries As A Voluntary And “Painless” Tax, Stephen J. Leacock

University of Miami Inter-American Law Review

No abstract provided.

Horizons Of Inclusion: Life Between Laws And Developments In Rio De Janeiro, Maria Clara Dias, Luis Eslava

University of Miami Inter-American Law Review

In this article we explore current debates about social inclusion in the Brazilian city of Rio de Janeiro. Through a comparison of two initiatives that aim to redress socio-economic segregation in Rio, we analyse the ontological position that these programs adopt towards their subjects, paying particular attention to the programs’ assumptions regarding the legality and development status of residents in informal neighbourhoods. Our aim is to demonstrate how some social inclusion programs recognize and respect the diversity and life experience of marginalized subjects, whereas other nominally successful programs do not achieve such objectives. In our view, such recognition ensures that …

Market Price, Social Price, And The Right To The City: Land Taxes And Rates For City Services In Brazil And The United States, Alan M. White

University of Miami Inter-American Law Review

No abstract provided.

Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier

University of Miami Inter-American Law Review

No abstract provided.

Democracy And Sustainability In Reconstructing Haiti: A Possibility Or A Mirage?, Irwin P. Stotzky, Brian Concannon Jr.

University of Miami Inter-American Law Review

No abstract provided.

Haiti: A Failed State? Democratic Process And Oas Intervention, Annabelle L. Torgman

University of Miami Inter-American Law Review

No abstract provided.

Will The Birds Stay South? The Rise Of Class Actions And Other Forms Of Group Litigation Across Latin America, Manuel A. Gómez

University of Miami Inter-American Law Review

No abstract provided.