International Law Commons^™

Haiti And The Burden Of History, Frédérique Beauvois

University of Miami Inter-American Law Review

No abstract provided.

The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien

University of Miami Inter-American Law Review

No abstract provided.

Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson

University of Miami Inter-American Law Review

Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …

Haitian Climate Migrants: Heralds Of The United States’ Unprepared Immigration System, Noah Rust

University of Miami Inter-American Law Review

This note explores the complex relationship between climate change and Human migration, and the ensuing complications for the United States immigration scheme. Climate change can both directly and indirectly contribute to human migration, yet the United States’ regulatory scheme is unprepared for this reality and its consequences. Through analyzing several separate migratory events in Haiti, the specific failures of the United States status quo immigration systems become clearer. Further, the note will identify frameworks that could offer relief to climate-related migrants.

The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani

University of Miami Inter-American Law Review

International human rights law was developed with the underlying philosophy that all human beings are born free and equal in dignity and rights. However, since its development, we have seen a vast number of human rights violations persist with no recourse. The War on Gangs in El Salvador is just one example of this. This Note examines the history of the War on Gangs in El Salvador, the tumultuous political landscape that has spurred as a result, and how political efforts to address gang violence have been used as a tactic to strip Salvadorans of their fundamental rights and dignity. …

The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo

University of Miami Law Review

Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …

The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman

University of Miami Law Review

The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …

The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta

University of Miami Inter-American Law Review

The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …

Operation Nation-Building: How International Humanitarian Law Left Afghanistan Open On The Operating Table, Nina Griscelli

University of Miami Law Review

Military campaigns often carry with them official names and underpinning objectives. In Afghanistan, these campaigns were known as Operation Enduring Freedom in 2001, and later, in 2015, as Operation Freedom Sentinel. In total, the United States and its allies remained in Afghan territory for 7,268 days, twenty years, in support of the “Global War on Terror.” Within that time, the democratic construction of a “free” Afghan society—also known as nation-building, regime change, or transformative military occupation—deeply transformed the status quo of the population. To the West, “Operation Nation-Building” became the most strategic and “hopeful alternative to the vision of the …

Gender Violence As A Penalty Of Poverty, Deborah M. Weissman

University of Miami Inter-American Law Review

The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …

Gender Mainstreaming At The European Court Of Human Rights: The Need For A Coherent Strategy In Approaching Cases Of Violence Against Women And Domestic Violence, Joanna Evans

University of Miami Inter-American Law Review

Any assessment of the jurisprudence of the European Court of Human Right’s (ECtHR) in the field of violence against women and domestic violence must start with an acknowledgement of the ECtHR’s landmark judgments in this area and the positive practical impact those judgments have had upon the protection of women.

However, much progress is still to be made. This article analyses three ECtHR cases from Russia and Georgia, and in so doing, highlights the need for greater transparency, proactivity, and coherency on the part of the Court. It considers in turn: a) the seemingly discriminatory impact of the ECtHR’s approach …

Is "Public Company" Still A Viable Regulatory Category?, George S. Georgiev

Articles

This Article suggests that the ubiquitous "public company" regulatory category, as currently constructed, has outlived its effectiveness in fulfilling core goals of the modern administrative state. An ever-expanding array of federal economic regulation hinges on public company status, but "public company" differs from most other regulatory categories in that it requires an affirmative opt-in by the subject entity. In practice, firms today become subject to public company regulation only if they need access to the public capital markets, which is much less of a business imperative than it once was due to the proliferation of private financing options. Paradoxically, then, …

The Improvised Implementation Of Executive Agreements, Kathleen Claussen

Articles

Implementation is at the core of lawmaking in our divided government. A rich literature covers the waterfront with respect to agencies' implementation of legislative mandates, and another equally robust line of scholarship considers Congress's implementation of treaties. Missing from those discussions, however, is another area of implementation central to U. S. foreign relations: the implementation of transnational regulatory agreements.

This Article examines how federal agencies have harnessed far-reaching discretion from Congress on whether and how to implement thousands of international agreements. Agencies regularly implement agreements by relying on a self-developed menu of options, much like they do in the domestic …

The Icc Reform Process And The Failure To Address The African State Concerns On The Sequencing Of Peace With Criminal Justice Under Article 53 Of The Rome Statute, Charles C. Jalloh

Articles

The relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.

International Rights Affecting The Covid–19 Vaccine Race, Samantha Johnson

University of Miami Inter-American Law Review

The impact of the COVID–19 pandemic has been felt world-wide, and despite having several vaccines in the market at this point, there are still issues of accessibility for certain countries. International intellectual property law has been a breeding ground for the exploration of intellectual curiosity and creation as it provides strong protections to creators. These strong protections have allowed for the monopolization of certain goods, such as vaccines, under the concept of patents. While patents are important to incentivize pharmaceutical companies to create life–saving medicines, these protections have also become a barrier for access to medicines, especially in less–developed countries. …

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …

The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn

University of Miami Inter-American Law Review

Successful modern diplomacy and private sector engagements require being physically present. Based on the experience of the authors in diplomacy and corporate government affairs, this article argues that the trust that forms the basis of effective diplomacy and corporate engagement with the communities in which they operate is established best through direct physical interaction. With examples from Latin America and the Caribbean, the article explores how both diplomacy and corporate government affairs have evolved into a model of being present that emphasizes seeking to empower local populations. The article delves into how and why the United States carries out its …

Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman

University of Miami Inter-American Law Review

To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …

Cy Prés Settlements In Privacy Class Actions / Acuerdos Cy Prés En Acciones De Clase Sobre Privacidad, Thomas E. Kadri, Ignacio N. Cofone

Articles

This essay considers the potential for using cy prés settlements in privacy class actions. These settlements are a procedural mechanism to overcome distribution challenges in class actions. When it is too burdensome to prove individual claims or too costly to distribute damages to class members, courts on occasions award damages to a charity or non-profit organization involved in work serving the class members' interests. These controversial settlements have been gaining attention in various legal systems. The U.S. Supreme Court recently considered their propriety in Frank v. Gaos, while courts in Canada and several Latin American countries have been experimenting with …

Front Matter & Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever

University of Miami Inter-American Law Review

No abstract provided.

The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax

University of Miami Inter-American Law Review

No abstract provided.

Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez

University of Miami Inter-American Law Review

No abstract provided.

Closing Reflections On The Contributions On The Scsl's Legal Legacy, Charles C. Jalloh

Articles

No abstract provided.

Treatment Of Section 232 Duties In Commerce Antidumping Proceedings, Elizabeth J. Drake

University of Miami International and Comparative Law Review

The goal of antidumping methodologies is to achieve a fair comparison between the price of a product in the United States (“U.S. price”) and the price at which it is sold in the exporters’ home market (or other normal value) in order to quantify and remedy the amount of dumping that has occurred. Thus, the law requires U.S. import duties to be deducted from U.S. price in order to permit an apples-to-apples comparison between U.S. prices and home market prices that do not bear any U.S. import duties. The U.S. Department of Commerce (“Commerce”) has created an exception to this …