International Law Commons^™

Shaping A More Equitable Election System: A Canadian Approach To Solving The Voting Rights Crisis In America, Michelle Gutowski

Journal of Law and Policy

In 1965, the Voting Rights Act was passed, ushering in a new era of voting freedom. The Act brought an end to many of the overtly discriminatory practices that had persisted for nearly two centuries. Over time, however, states began to introduce more subtle and complex voting regulations that gradually undermined the gains achieved through the civil rights movement. In 2021, the Supreme Court dismantled an essential safeguard for voters, significantly weakening the protections the Act once guaranteed. This erosion of protections is largely attributable to a single doctrinal standard within the Act, known as the totality of the circumstances …

Fontevecchia And D’Amico V. Argentina, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Uzcátegui Et Al. V. Venezuela, Gursimran Bhullar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Canales Huapaya Et Al. V. Peru, Alondra Gonzalez

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Reconceptualization Of Corporate Governance For Fintech Firms, Isa Alade

Loyola of Los Angeles International and Comparative Law Review

The scandals involving some major fintech firms/platforms such as FTX, Wirecard, Celsius, TerraLuna and Lending Club raise questions about the efficacy of the current corporate governance architecture for fintech firms. Comparing some of the factors that contributed to these recent scandals in the fintech industry against the weaknesses in the corporate governance arrangements for traditional financial firms in the period leading to the global financial crisis (GFC), this paper argues that the unique characteristics of fintech firms amplify some of the weaknesses in the corporate governance arrangements in the financial services industry that contributed to the GFC. The ubiquitous nature …

Trabajadores Cesados De Petroperu V. Peru, Douglas Clark

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Miguel Castro Castro Prison V. Peru, Celene Afari

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Landaeta MejíAs Brothers Et Al. V. Venezuela, Cristina Tenorio

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Utilizing Equitable Remedies Via The Defend Trade Secrets Act's Extraterritorial Reach To Enforce Judgments Against Foreign Defendants, Marty Ishmael

University of Cincinnati Law Review

No abstract provided.

Toward A Global Consensus On The "S" In Esg: Strengthening Human Rights And Corporate Accountability Through Global Governance, Emma O'Connor

Pace International Law Review

This paper argues that the international community, led by the United Nations, must develop a coherent global framework for the “S” in Environmental, Social, Governance (ESG) to strengthen corporate accountability and human rights protections. While environmental metrics in ESG have gained global traction, the social pillar remains fragmented, inconsistently defined, and weakly enforced, opening the door to impact washing, where companies misrepresent or exaggerate their positive social impact. Drawing from international, regional, and domestic case studies, this paper illustrates how this incoherence leads to economic, ethical, and operational harms for businesses and the global community. It argues that public governance …

Prioritizing Peace: Elevating Women Influencers In Global Governance, Stacy H. Runia

Pace International Law Review

No abstract provided.

Human Rights Denied: Forced Evictions And Housing Injustice In The Democratic Republic Of Congo, Francesco Seatzu

Pace International Law Review

The Democratic Republic of Congo (DRC) grapples with a pervasive and alarming phenomenon of forced evictions orchestrated by multinational corporations operating within its cobalt and copper mining sites. This comprehensive inquiry, undertaken collaboratively by Amnesty International and the DRC-based Initiative for Good Governance and Human Rights, meticulously scrutinizes the multifaceted human rights implications emanating from four mining projects situated in the Kolwezi region of the DRC. The investigative report documents a troubling pattern of systematic disregard for the fundamental rights and dignity of affected populations, compounded by a stark failure on the part of mining operators to adhere to extant …

Forced Adoptions Of Ukrainian Children From An International Human Rights And Humanitarian Law Perspective, Ines Gillich

Pace International Law Review

The article analyzes the legality of the Russian practice of forced adoptions of Ukrainian children from an international human rights and humanitarian law perspective. It argues that while the relocation of children from conflict zones to safe areas is generally lawful under international law, these measures must only be temporary, and persons abducted must be returned as soon as possible. This article also argues that human rights obligations must be read in the light of international humanitarian law, which is the lex specialis applicable in armed conflicts. The article concludes that any permanent measures against the will of the children …

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 …

Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala

International Law Studies

This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks …

Intervention, Force & Coercion: A Historical Inquiry On The Evolution Of The Prohibition On Intervention, Mohamed S. Helal

International Law Studies

In the Nicaragua Case, the International Court of Justice described coercion as the “very essence of prohibited intervention.” The characterization of coercion as an essential element of non-intervention has become unquestioningly accepted by States and scholars and has dominated debates on how the prohibition on intervention applies in various contexts, including in relation to economic sanctions and cyberoperations. This article challenges the ICJ’s assertion. It does so by retracing the history of the evolution of the prohibition on intervention. It begins by surveying the travaux préparatoires of three Inter-American treaties in which non-intervention was first codified, and then explores the …

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Pretrial Decision-Making In Brazil Under Inter-American Human Rights Law, Thiago Nascimento Dos Reis

University of Miami Inter-American Law Review

In recent decades, pretrial detention has been a key contributor to Brazil’s mass incarceration. This is true, despite domestic and international norms limiting pretrial detention to exceptional circumstances and mounting evidence linking it to worse outcomes for arrestees in their criminal proceedings and post-release life prospects. As a longitudinal multivariate pretrial research in Brazil, this Article investigates the key mechanisms and factors that explain pretrial detention in relation to inter-American human rights standards. This Article conducts a quantitative case study of the first one hundred days of detention for all 2,158 non-confidential flagrant arrests in the first eight months of …

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 …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.