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Artículos de revistas sobre el tema "Americas - law"

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Publicado: 26 de julio de 2024
Última modificación: 27 de julio de 2024

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1

Scarfi, Juan Pablo. "The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances." AJIL Unbound 117 (2023): 226–30. http://dx.doi.org/10.1017/aju.2023.37.

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The Institut de Droit International (IDI) and the International Law Association (ILA) have bequeathed complex and contradictory legacies to the Americas. This essay explores both the resonances and the dissonances that the formation of the IDI, and to a lesser extent, the ILA, had in the institutionalization of the modern discipline of international law in the Americas. On the one hand, the IDI's establishment as an elite Eurocentric organization with a missionary imperial approach to the promotion and reform of international law, generated resonances across the Americas, inspiring the creation of the American Institute of International Law (AIIL). On the other hand, the AIIL emerged as a reaction to the IDI, insofar as the former promoted juridical values based on the idea of American international law and a distinctive sense of U.S. and continental legal exceptionalism. The essay argues that the institutionalization of international law in the Americas was both inspired by the Eurocentric imperial and elitist legal approach promoted by the IDI, and the desire to forge a distinctive Western Hemispheric counterpart: a continental American international law.
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2

Ballone, Angela. "Foreign law without borders in the early vast America." Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review 89, no. 1-2 (2021): 212–41. http://dx.doi.org/10.1163/15718190-12340007.

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Summary This work addresses the circulation of legal literature from the Hispanic world into the British Atlantic during the 18th century and within the broader context of the Americas. It wants to break free from the dichotomy between British and Hispanic Atlantic by looking at the early Americas as a space where legal literature moved across borders. The case study analyzed in this work is that of the 17th century Spanish jurist Juan de Solórzano Pereira and its circulation in the British Atlantic. By analyzing the writings of a number of legal practitioners from the British Atlantic (such as James Otis, James Abercromby, and Adam Smith), I discuss the extent to which their knowledge of Solórzano’s work showed a transnational approach when discussing the relationship between the thirteen American colonies and their British mother-country. This study calls scholars’ attention to a number of networks of circulation for legal literature that possibly had more influence than has usually been acknowledged on the legal history of the United States of America. Ultimately, the article shows that much is left to discover about the practical, generative, aspects of legal history in an early modern scenario where Europe and the Americas need to be seen in more nuanced and balanced ways.
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3

ESQUIROL, JORGE L. "Alejandro Álvarez's Latin American Law: A Question of Identity." Leiden Journal of International Law 19, no. 4 (2006): 931–56. http://dx.doi.org/10.1017/s0922156506003700.

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This essay focuses on Alejandro Álvarez's seminal article, ‘Latin America and International Law’, published in 1909 in the American Journal of International Law. Offering and in-depth analysis of the text, it foregrounds the strategic meaning of Álvarez's work in the light of the international politics of his day. It posits that, more than simply a diplomatic history of Latin American particularity, Álvarez presents the case for a different hemispheric international order, based on an ‘American international law’ extending to the United States. He draws primarily an Latin American Precedents – based on historical and stituational commonalities – to argue for a common public law. He then grafts an idiosyncratic interpretation of the Monroe Doctrine as the United States' main contribution to this common law, as well as the fact of US sponsorship of various Americas-wide conferences resulting in the ratification of regional treaties. Notably, and this is one of the main points of this is one of the main points of this essay, Álvarez elevates certain Latin American states as leaders in regional international law and capable agents of its enforcement across the hemisphere. In short, this essay advances the claim that Álvarez's project of pan-American law in effect entreats the United States to share its hegemony and wield its power in the region jointly with Latin America's ‘better-constituted’ states.
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4

Ramos Barros, Patrícia, and Roberto Dalledone Machado Filho. "One Cuba is Enough." Cadernos do Programa de Pós-Graduação em Direito – PPGDir./UFRGS 17 (December 13, 2022): 14–46. http://dx.doi.org/10.22456/2317-8558.128821.

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Despite the contribution of new streams in international law scholarship, the decades of the Cold War remain underexplored in Latin American current historiography. Removing the geopolitical conflict from the centrality of historiographic analysis, the present article aims to understand the operation of international law in the Cold War through Latin American regional dynamics. Through the reading of the articles on “collective security” published in some international law journals during the period of the Cold War (American Journal of International Law and the Mexican Foro Internacional), this article recounts the history of the jurisdictional conflict between regional and universal organizations. It demonstrates that the history of collective security in the hemisphere begins as experiment in formalization of the long and distinct American tradition in international law. The defense of this tradition served as a basis to formalize or legalize the projection of US power in the Americas. Latin Americans responded to this push first by endorsing the creation of a regional organization and a collective security arrangement, later by using law as a strategy to advance their position. However, as collective security increasingly became a justification for violations of the UN Charter, solidarity among American republics faded and cooperation, despite a regional treaty, became virtually impossible. The regional agreement thus proved to be both an enabler and an obstacle for this strategy. Thus, we conclude that the history of the International Law in Latin American during the Cold War was also the history of the demise of American International Law.
 KEYWORDS: Cold War. Latin America; International Law; Collective Security.
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5

Schwarz, Philip J., and Alan Watson. "Slave Law in the Americas." Journal of the Early Republic 11, no. 1 (1991): 136. http://dx.doi.org/10.2307/3123342.

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6

Gabriel, Henry, and Alan Watson. "Slave Law in the Americas." American Journal of Legal History 35, no. 1 (1991): 108. http://dx.doi.org/10.2307/845590.

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7

Palmer, Colin, and Alan Watson. "Slave Law in the Americas." American Historical Review 97, no. 2 (1992): 514. http://dx.doi.org/10.2307/2165734.

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8

Knight, Franklin W., and Alan Watson. "Slave Law in the Americas." Hispanic American Historical Review 71, no. 2 (1991): 389. http://dx.doi.org/10.2307/2515659.

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9

Tushnet, Mark, and Alan Watson. "Slave Law in the Americas." Journal of American History 77, no. 4 (1991): 1331. http://dx.doi.org/10.2307/2078279.

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10

Knight, Franklin W. "Slave Law in the Americas." Hispanic American Historical Review 71, no. 2 (1991): 389–90. http://dx.doi.org/10.1215/00182168-71.2.389a.

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11

Harrington, Alexandra R. "Legal Responses to Forced Mass Migration – American Perspectives." International and Comparative Law Review 23, no. 2 (2023): 26–43. http://dx.doi.org/10.2478/iclr-2023-0013.

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Summary Mass migration, including forced mass migration, in the Americas tends to conjure images of illegal immigration, most frequently from Latin America to the United States. The reality of forced mass migration in the Americas is, however, quite different, complex and multifaceted. Set against the backdrop of political turmoil and increased threats of environmental changes, forced mass migration in the Americas is highly nuanced and requires a flexible legal and organizational framework. This requirement has been consistently met through a series of international and regional treaties and norms as well as through the flexibility of regional organizations in responding to new or dramatically increasing forced mass migration patterns. This paper outlines these responses and trends through the lens of the mass migration from Venezuela. It asserts that how international and regional law, organizations, and States have responded to this crisis presents an example of the ways that legal responses to forced mass migrations have been implemented in the Americas.
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12

Moreno Rodríguez, José Antonio. "LA NUEVA GUÍA DE LA ORGANIZACIÓN DE ESTADOS AMERICANOS Y EL DERECHO APLICABLE A LOS CONTRATOS INTERNACIONALES (PARTE I)." Revista española de derecho internacional 73, no. 1 (2021): 187–206. http://dx.doi.org/10.17103/redi.73.1.2021.1.07.

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This paper addresses the general issues of the Guide on the law applicable to international commercial contracts in the Americas approved by the Organization of American States (OAS) in February 2019. The paper analyses the background of this relevant text, the conventions on the matter previously approved in America starting with the Montevideo Treaties of 1889, the influence on the Guide of The Hague Principles on choice law in international commercial contracts of 2015, the gestation of the idea of making a Guide by the OAS and the process undertaken to prepare the Guide approved in 2019.
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13

Antón Sánchez, John Herlyn. "Latin American International Law and Afro-Descendant Peoples." AJIL Unbound 116 (2022): 334–39. http://dx.doi.org/10.1017/aju.2022.51.

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After the Third World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, held by the United Nations in Durban, South Africa, in 2001, an important movement emerged. The African diaspora communities in the Americas, or “Afro-descendants,” as they prefer to self-identify, began to seek legal recognition in the context of international human rights law, and especially within the inter-American human rights system. Progress has been remarkable, including the rulings of the Inter-American Court of Human Rights, changes in the constitutional and legal systems of Latin American countries, and a UN draft of a Declaration of the Rights of People of African Descent, as part of the International Decade for People of African Descent (2015–2024). However, conceptual, technical, and doctrinal issues still exist in defining the legal agency of people of African descent under international law. Who are Afro-descendants in legal terms, and how do we understand “Afro-descendance” within the context of Indigenous and tribal peoples? In this essay, I explain how different regional bodies in Latin America have interpreted Indigenous rights progressively to overcome the marginalization of Afro-descendants, and address some important questions that remain unclear despite this welcome evolution.
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14

Harris, Angela P. "Afterword: Other Americas." Michigan Law Review 95, no. 4 (1997): 1150. http://dx.doi.org/10.2307/1290055.

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15

Qamber, Rukhsana. "Family Matters." ISLAMIC STUDIES 60, no. 3 (2021): 223–46. http://dx.doi.org/10.52541/isiri.v60i3.1791.

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History has so far paid scant attention to Muslims in the earliest phase of colonizing the Americas. As a general policy, the Spanish Crown prohibited all non-Catholics from going to early Spanish America. Nevertheless, historians recognize that a few Muslims managed to secretly cross the Atlantic Ocean with the European settlers during the sixteenth century. Later they imported African Muslim slaves but historians considered both Africans and indigenous peoples passive participants in forming Latin American society until evidence refuted these erroneous views. Furthermore, the public had assumed that only single Spanish men went to the American unknown until historians challenged this view, and now women’s role is fully recognized in the colonizing enterprise. Additionally, despite the ban on non-Catholics, researchers found many Jews in the Americas, even if the Spanish Inquisition found out and killed almost all of them. In line with revisionist history, my research pioneers in three aspects. It demonstrates that Muslim men and women went to early Spanish America. Also, the Spanish Crown allowed Muslims to legally go to its American colonies. Additionally, the documents substantiate my new findings that Muslims went to sixteenth-century Latin America as complete families. They mostly proceeded out of Spain as the wards or servant-slaves of Spanish settlers after superficially converting to Catholicism. The present study follows two case studies that record Muslim families in early sixteenth-century Spanish America. Paradoxically, their very persecutor—the Spanish Church and its terrible Inquisitorial arm—established their contested belief in Islam.
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16

Santos, Álvaro. "Drug Policy Reform in the Americas: A Welcome Challenge to International Law." AJIL Unbound 114 (2020): 301–6. http://dx.doi.org/10.1017/aju.2020.59.

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Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the failures of the law and order paradigm behind prohibition. I then analyze legal reforms in the Americas as motivated by three different perspectives: 1) human rights, 2) public health and 3) political economy. Each one offers a powerful challenge to prohibition but relies on different assumptions and offers different transformative potential.
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17

Muñoz, Heraldo. "The Right to Democracy in the Americas." Journal of Interamerican Studies and World Affairs 40, no. 1 (1998): 1–18. http://dx.doi.org/10.2307/166298.

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In his insightful book On the Law of Nations, Daniel Patrick Moynihan states that international law “is not higher law or better law; it is existing law. It is not a law that eschews force; such a view is alien to the very idea of law. Often as not it is the law of the victor; but it is law withal and does evolve” (Moynihan 1990, 19).
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18

Poesche, Jürgen. "Conflict of Ethics: Indigenous Americans and Settler Colonists = Conflicto de ética: Los pueblos indígenas y los colonos en las Américas." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 29. http://dx.doi.org/10.20318/eunomia.2020.5262.

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Abstract: The objective of this paper is to develop and present a novel approach to the conflict of ethics on the foundation of legal theory, particularly the legal rules governing conflict of laws. The focus is on the conflict of ethics impacting Indigenous Americans in the context of Occidental settler colonialism in the Americas. This paper contains three major contributions. First, the interplay between Indigenous American concepts categorized as ethics in the Occident and Occidental ethics in a settler colonial context was assessed. Second, Occidental concepts in Roman Law and Saint Thomas Aquinas’ natural law was used to determine the precedence of Indigenous American equivalents to ethics vis-à-vis Occidental ethics in the Americas. Third, rules-based solutions synthetized from conflict of laws in international law were applied to conflict of ethics in the settler colonial context in the Americas.Keywords: Cultural and epistemic racism, decoloniality, indigenous Americans, settler colonialism, sumak kawsay, wakohtowin.Resumen: El objetivo de este artículo es desarrollar y presentar un enfoque novedoso del conflicto de ética sobre la base de la teoría legal, particularmente las reglas legales sobre el conflicto de leyes. La atención se centra en el conflicto de ética que afecta a los indígenas en el contexto del colonialismo en las Américas. Este artículo contiene tres contribuciones principales. Primero, se evaluó la interacción entre los conceptos de los indígenas categorizados como ética en el occidente en el contexto colonial. Segundo, los conceptos occidentales en la ley romana y la ley natural de Santo Tomás de Aquino se usaron para determinar la procedencia de los equivalentes indígenas en las Américas. Tercero, las soluciones basadas en reglas sintetizadas a partir del conflicto de leyes en el derecho internacional se aplicaron al conflicto de ética en el contexto colonial en las Américas.Palabras clave: Racismo cultural y epistémico, descolonialidad, indígenas en las Américas, colonialismo, sumak kawsay, wakohtowin.
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19

Kosař, David, and Lucas Lixinski. "Domestic Judicial Design by International Human Rights Courts." American Journal of International Law 109, no. 4 (2015): 713–60. http://dx.doi.org/10.5305/amerjintelaw.109.4.0713.

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Regional human rights courts in Europe and the Americas came into being in the wake of World War II. The European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR) were established in order to adjudicate on alleged violations of the rights of individuals. Yet, since their inception these courts have also influenced other areas of international law. A part from their impact on general international law, their case law has had significant spill over effects on international criminal law, international refugee law, international environmental law, the law of armed conflicts, and the law of the sea.
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20

Juenger, Friedrich K. "Contract Choice of Law in the Americas." American Journal of Comparative Law 45, no. 1 (1997): 195. http://dx.doi.org/10.2307/840964.

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21

Gibson, J. Eugene. "Law: The Enterprise for the Americas Initiative." Environment: Science and Policy for Sustainable Development 33, no. 8 (1991): 5–45. http://dx.doi.org/10.1080/00139157.1991.9931409.

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22

Mirow, M. C. "The Age of Constitutions in the Americas." Law and History Review 32, no. 2 (2014): 229–35. http://dx.doi.org/10.1017/s0738248014000054.

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The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and to consolidate state power. The study of these processes becomes national narratives, often in conversation with the former colonial power, which are disconnected from more general or regional trends. As Linda Colley's article in this issue illustrates, it is important to step back to view the constitution-making process from an Atlantic perspective that ties the Americas, North and South, into the area of study. The Age of Constitutions in the Americas must include Latin America and the Caribbean.
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23

Fernandes Carvalho, Fabia. "Regional Imaginations of Peace: The Work of the Rio Committee and the Antecedents of the Pact of Bogota (1942–1947)." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 4 (2024): 619–40. http://dx.doi.org/10.1163/15718050-bja10103.

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Abstract This contribution re-describes the work of the Rio Committee in international law concerning dispute settlement in the Americas between 1942 and 1947. The work of the Rio Committee constitutes a crucial doctrinal and institutional experience that underpins the fundamental transformations experienced in Pan-Americanism considering the meeting of the Ninth International Conference of American States in Bogota, Colombia, in 1948, which led to the creation of the Organization of the American States. As an antecedent to the adoption of the Pact of Bogota in 1948, the doctrinal work of the Rio Committee and its draft treaties allow for a substantive interrogation of the complex relationship between regionalism and universalism in international law. More specifically, this article assesses the ways in which mechanisms of peaceful settlement of disputes in the Americas were accommodated under the universal legal framework of the United Nations, opening space for regional cooperation to continue evolving in the continent.
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24

Grant, Daragh. "Francisco de Vitoria and Alberico Gentili on the Juridical Status of Native American Polities." Renaissance Quarterly 72, no. 3 (2019): 910–52. http://dx.doi.org/10.1017/rqx.2019.255.

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Over the course of the sixteenth century, Europeans writing about the ius gentium went from treating indigenous American rulers as the juridical equals of Europe's princes to depicting them as little more than savage brutes, incapable of bearing dominium and ineligible for the protections of the law of peoples. This essay examines the writings of Francisco de Vitoria and Alberico Gentili to show how this transformation in European perceptions of Native Americans resulted from fundamental changes in European society. The emergence of a novel conception of sovereignty amid the upheavals of the Protestant Reformation was central to this shift and provided a new foundation for Europe's continued imperial expansion into the Americas.
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25

Moreno Rodríguez, José Antonio. "MISCELÁNEA: LA NUEVA GUÍA DE LA ORGANIZACIÓN DE ESTADOS AMERICANOS Y EL DERECHO APLICABLE A LOS CONTRATOS INTERNACIONALES (PARTE II)." Revista española de derecho internacional 73, no. 2 (2021): 261–83. http://dx.doi.org/10.17103/redi.73.2.2021.1b.03.

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This paper addresses the specific issues of the Guide on the law applicable to international commercial contracts in the Americas approved by the Organization of American States (OAS) in February 2019. The paper analyses the structure of this relevant text, its relations with uniform law, the role of parties autonomy trough express (including formal validity) and tacit choice, the pactum de lege utenda, the separability of the choice agreement in case of invalidity of the contract, the applicable law in the absence of choice, the dépeçage, the flexible interpretation, the scope of the applicable law, the ordre public, the existence of other conventions and the States with more than one legal system.
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26

Stern, Alexandra Minna. "“The Hour of Eugenics” in Veracruz, Mexico: Radical Politics, Public Health, and Latin America’s Only Sterilization Law." Hispanic American Historical Review 91, no. 3 (2011): 431–43. http://dx.doi.org/10.1215/00182168-1300191.

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Abstract In 1932, the Mexican state of Veracruz passed Latin America’s only eugenic sterilization law. Building on the foundational scholarship of Nancy Leys Stepan, this article critically examines Veracruz’s eugenics movement, exploring how it intersected with public health, antivice campaigns, and radical agrarian and labor politics. I pay particular attention to Governor Adalberto Tejeda, who, during his second term in office (1928 – 1932) incorporated a zealous version of Latin eugenics into state laws and policies. This article suggests that Veracruz’s experiment with eugenics, especially the state’s sterilization statute, was intimately connected to concerns about prostitution, sexual health, and working-class vigor. This article highlights an unexplored dimension of society and medicine in Latin America and raises questions about the orientation and limits of preventive eugenics in Mexico, and about the homologies among eugenics movements in the Americas and across the globe in the twentieth century.
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27

Huneeus, Alexandra. "When Illiberals Embrace Human Rights." AJIL Unbound 113 (2019): 380–84. http://dx.doi.org/10.1017/aju.2019.67.

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A topic motivating much research since 2016 is the turn away from international law caused by a surge in non-liberal and nationalist governments across the world. In the realm of human rights law, scholars have noted how states are now more apt to repudiate, resist, or simply ignore their human rights obligations. This essay makes a different cut into this topic. It considers not how non-liberal actors reject human rights law, but rather what happens when they embrace it. International human rights law in Latin America—often understood as a means of promoting a cosmopolitan, liberal political order—is also being harnessed toward other types of political projects. This raises the question of how necessary the link is between human rights and political liberalism: is non-liberal engagement an existential threat, or can human rights law have a thinner commitment to liberal principles than does, for example, national constitutional law? As the American Convention on Human Rights (ACHR) turns fifty, this essay argues that the human rights law of the Americas is open-ended enough that it can incorporate, and has at times incorporated, non-liberal concerns and norms without losing coherence or legitimacy. Further, this may be an apt survival strategy, albeit not the only one, for the region's human rights institutions in our time.
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28

Fonju, Dr Njuafac Kenedy. "The Challenges of Afro-Caribbean and African American Diasporas within the Celebrated Lynching Mechanisms in the New Status as Sub-Set of Human Beings 19th and 20th Centuries." Scholars Journal of Arts, Humanities and Social Sciences 9, no. 11 (2021): 553–73. http://dx.doi.org/10.36347/sjahss.2021.v09i11.002.

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The present paper brings out clear evidence of what constitute the essential challenges of Afro-Caribbean and African American challenges and popular slogans from the late 19th to the mid- 20th Centuries which actually de-humanised the Black race whose ancestors were harshly used as slaves in the opening and development of the Americas plantations between 1619 and 1850. In spite of their long efforts in the struggle for racial equality and granting of full civil rights, different secret societies were formed alongside open police actions to frequently terrorised other races in the American Continent. The phenomenon became wide spread across the 20th Century which also suffered from the aftermaths of the two world Wars while prominent African Americans also kept American authorities busy in their struggle to end segregationist practices of the Century. Our findings show that police kill African Americans more than twice as often as the general population. Across all racial groups, 65.3 percent of those killed possessed a firearm at the time of their death. In addition, Millions of African Americans live in communities that lack access to good jobs and good schools and suffer from high crime rates. African American adults are about twice as likely to be unemployed as whites, black students lag their white peers in educational attainment and achievement, and African American communities tend to have higher than average crime rates. These issues have been persistent problems. A bronze statue called ‘Raise Up’, part of the display at the National Memorial for Peace and Justice, a memorial to honor thousands of people killed in lynchings, in Montgomery, Alabama. Therefore, the scrutiny of specialized sources and other related documentations enable us to use historical analytical methods to bring out evidences as changed of status from slavery to Afro-Caribbean and African America path the way forward to legalized segregationist system.
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29

Parra-Aranguren, Gonzalo. "Recent Developments in Private International Law in the Americas." Netherlands International Law Review 39, no. 02 (1992): 229. http://dx.doi.org/10.1017/s0165070x00006185.

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30

Bates, Clifford A. "Book Review: The Americas: The Language of Law and the Foundations of American Constitutionalism." Political Studies Review 10, no. 1 (2012): 157. http://dx.doi.org/10.1111/j.1478-9302.2011.00256_4.x.

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31

Aquilino, Aquilino. "The Land Law Reform in the Philippines State." Jurnal Akta 9, no. 1 (2022): 14. http://dx.doi.org/10.30659/akta.v9i1.20491.

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This research aim to know the land reform in the Philippines has long been a contentious issue rooted in the Philippines's Spanish Colonial Period. Some efforts began during the American Colonial Period with renewed efforts during the Commonwealth, following independence, during Martial Law and especially following the People Power Revolution in 1986. This research used the qualitative with normative approach especially the regulation of Land in Philippines. The current law, the Comprehensive Agrarian Reform Program, was passed following the revolution and recently extended until 2014. Much like Mexico and other Spanish colonies in the Americas, the Spanish settlement in the Philippines revolved around the encomienda system of plantations, known as haciendas. As the conclusion explained that in the 19th Century progressed, industrialization and liberalization of trade allowed these encomiendas to expand their cash crops, establishing a strong sugar industry in the Philippines, especially in the Visayan island of Negros.
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32

Schulte-Bockholt, Alfried. "Book Review: Transnational Crime in the Americas." International Criminal Justice Review 11, no. 1 (2001): 157–58. http://dx.doi.org/10.1177/105756770101100130.

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33

Somos, Mark, and Joshua Smeltzer. "Vitoria, Suárez, and Grotius: James Brown Scott’s Enduring Revival." Grotiana 41, no. 1 (2020): 137–62. http://dx.doi.org/10.1163/18760759-04101007.

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This article recovers James Brown Scott’s conviction in American exceptionalism, a belief that underlay both his institutional work as well as his understanding of the origins and trajectory of international law. In the first section, we discuss Scott’s interpretation of Hugo Grotius as part of his tactic to make US foreign affairs policies and perspectives more compelling by presenting them as universal. In the second section, we argue that Scott’s writings on the Spanish origins of international law were in fact meant to protect Anglo-American hegemony and US influence in the Americas in the face of rapidly changing geopolitical pressures. In the final section we suggest that Scott’s US exceptionalism is reflected in his use of the United States Constitution and Supreme Court as a model for key international organizations. We conclude that Scott reframed Vitoria not to redress American bias but to enshrine it.
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34

Bellesiles, Michael A. "Gun Laws in Early America: The Regulation of Firearms Ownership, 1607–1794." Law and History Review 16, no. 3 (1998): 567–89. http://dx.doi.org/10.2307/744246.

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King James I stated the official position of the English governing elite on gun ownership succinctly. When it was suggested that more of England's subjects should enjoy the right to hunt and own firearms, James responded that “it is not fit that clowns should have these sports.”Discussion of early American gun laws begins with consideration of the English legal heritage. In the last few years, adherents of the self-described “standard model” of the meaning of the Second Amendment have constructed a paradigm of an uninterrupted tradition of legally sanctioned individual gun ownership in America. Such a construction starts with the idea that the British brought an acceptance of the universal ownership of firearms with them to the Americas. That cultural norm gave form to the meaning of the Second Amendment, which institutionalized an individual right to bear arms for purposes of personal and communal defense and as a security against a tyrannical government. This history matters greatly to these scholars in establishing an original intent in the Second Amendment to protect an individual's right to own guns.
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35

Romero, Marisol Florén. "Open Access to Legal Information: Mapping the Digital Legal Information of Mexico, Central America, the Spanish Speaking Caribbean and Haiti†." International Journal of Legal Information 40, no. 3 (2012): 417–515. http://dx.doi.org/10.1017/s0731126500011434.

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In 2004, the Special Summit of the Americas meeting that took place in Monterrey, Mexico recommended the enactment of a law on the right to access public information in the Americas. The Summits of the Americas is the meeting of the heads of state of the Western Hemisphere. The purpose of these meetings is to discuss the major challenges faced in the region and commit to joint actions at the national and regional level addressing these problems and establishing common policies.
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36

Alter, Karen J. "The Empire of International Law?" American Journal of International Law 113, no. 1 (2019): 183–99. http://dx.doi.org/10.1017/ajil.2018.81.

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This review essay examines three intellectual histories focused on fundamental transformations of international law in the early twentieth century. Juan Pablo Scarfi's Hidden History of International Law in the Americas is most interested in debates about a Pan-American international law, meaning the idea that international law might work differently in different regions, which was debated but eventually gave way to the change that Arnulf Becker Lorca, a Lecturer in Public International Law at Georgetown Law, discusses. Becker Lorca's Mestizo International Law is most interested in how the conception that international law applied only to civilized nations transformed into the modern conception that presumes sovereign equality. The Internationalists, by Oona Hathaway and Scott Shapiro, respectively the Gerard C. and Bernice Latrobe Smith Professor of International Law and the Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, and seeks to understand how the normal (and legal) recourse to force in international relations was replaced by an international law that bans the use of force, except in self-defense. Ideas regarding these issues started to evolve in the late 1800s, but the transformative debates occurred at roughly the same time because the Hague Peace Conferences and the League of Nations allowed contestations over old versus updated understandings of international law to flourish.
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37

Villa, Alejandro Valencia. "Diálogos militares by Diego García de Palacio: The first American work on the law of nations." International Review of the Red Cross 32, no. 290 (1992): 446–51. http://dx.doi.org/10.1017/s0020860400070972.

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Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.
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38

Vicente, Luciano Pereña. "Charter of rights of the Indians according to the School of Salamanca." International Review of the Red Cross 32, no. 290 (1992): 467–87. http://dx.doi.org/10.1017/s002086040007100x.

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The discovery of America, first seen as an encounter, soon degenerated into a clash between two worlds. It is said that the invasion of the Americas by Europeans started in 1492. The conquering Spaniards overran the recently discovered lands by force of arquebus and disease, their most effective allies being the bacteria and viruses they carried with them.
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39

Fuente, Alejandro de la, and Ariela Gross. "Comparative Studies of Law, Slavery, and Race in the Americas." Annual Review of Law and Social Science 6, no. 1 (2010): 469–85. http://dx.doi.org/10.1146/annurev-lawsocsci-102209-152924.

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40

Nacla Editors. "Militarized Democracy in the Americas: Faces of Law and Order." NACLA Report on the Americas 55, no. 4 (2023): 448–49. http://dx.doi.org/10.1080/10714839.2023.2280402.

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41

Uriburu, Justina. "Organizing Peace in the Americas: Collective Security versus International Adjudication." Journal of the History of International Law / Revue d'histoire du droit international 25, no. 4 (2024): 592–618. http://dx.doi.org/10.1163/15718050-bja10101.

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Abstract American states concluded two treaties to organize peace in the postwar world: the Rio Treaty (1947) and the Pact of Bogotá (1948). At first sight, they appear to reflect a division of tasks: the Rio Treaty would address threats to the peace and security of the Americas, and the Pact of Bogotá would help solve the disputes between American states. However, the Rio Treaty’s dominance during the Cold War calls this division into question. This paper first argues that American states pursued two projects of peace. The Rio Treaty was a defence pact with an autonomous enforcement mechanism, to which the United States was strongly committed. The Pact of Bogotá reflected Latin American states’ thinking that a comprehensive framework for solving disputes would mitigate regional power asymmetries. Second, it claims that the Rio Treaty’s vague provisions and the US support it enjoyed facilitated its dominance during the Cold War.
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42

Burkholder, Mark A. "Life without Empire: Audiencia Ministers after Independence." Hispanic American Historical Review 91, no. 2 (2011): 271–98. http://dx.doi.org/10.1215/00182168-1165217.

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Abstract “Life without Empire: Audiencia Ministers after Independence” draws upon sources from Spain’s national, regional, and university archives to examine men with audiencia positions in Spain and in the Indies from the end of the sale of appointments in 1750 to 1821. In 1750 these ministers shared backgrounds of gender and university study of civil law, canon law, or both. They differed in regard to place of birth, the purchase of an initial audiencia appointment, age at first appointment, educational experience and university affiliation, prior government service and university teaching, and the extent of prominent letrado relatives serving audiencias, chancellories, and councils. By 1808 these differences had largely disappeared and a much more homogenous corps of ministers served on the tribunals. The changes in background facilitated the incorporation into the Spanish courts of a substantial number of ministers with American service after independence. Many creole and the few peninsular ministers who remained in the Americas after independence also obtained positions there. Compared to intendants and bishops in the Americas, ministers on New World audiencias proved relatively successful in securing posts after independence. In terms of subsequent offices held, the handful of creole audiencia ministers that emigrated to Spain fared better than the peninsulars that remained in the newly independent states.
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43

Cook-Martín, David, and David FitzGerald. "Liberalism and the Limits of Inclusion: Race and Immigration Law in the Americas, 1850–2000." Journal of Interdisciplinary History 41, no. 1 (2010): 7–25. http://dx.doi.org/10.1162/jinh.2010.41.1.7.

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Most scholars argue that the global triumph of liberal norms within the last 150 years ended discriminatory immigration policy. Yet, the United States was a leader in the spread of policy restrictions aimed at Asian migrants during the early twentieth century, and authoritarian Latin American regimes removed racial discrimination from their immigration laws a generation before the United States and Canada did. By the same token, critical theorists claim that racism has not diminished, but most states have removed their discriminatory laws, thus allowing significant ethnic transformation within their borders. An analysis of the immigration policies of the twenty-two major countries of the Americas since 1850 reveals that liberal states have been discriminatory precisely because of their liberalism and elucidates the diffusion of international legal norms of racial exclusion and inclusion.
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44

Peirce, Jennifer, and Gustavo Fondevila. "Introduction: Special Issue on Prison Violence in the Americas." International Criminal Justice Review 30, no. 1 (2019): 8–9. http://dx.doi.org/10.1177/1057567719896084.

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45

Goldstein, Daniel M. ": The School of the Americas : Military Training and Political Violence in the Americas." PoLAR: Political and Legal Anthropology Review 28, no. 2 (2005): 320–22. http://dx.doi.org/10.1525/pol.2005.28.2.320.

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46

Ryd, Gunilla, and Eduardo Gitli. "Latin American Integration and the Enterprise for the Americas Initiative." Journal of World Trade 26, Issue 4 (1992): 25–45. http://dx.doi.org/10.54648/trad1992022.

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47

Carmelina Londoño-Lázaro, María, and Nicolás Carrillo-Santarelli. "The Control of Conventionality: Developments in the Case Law of the Inter-American Court of Human Rights and Its Potential Expanding Effects in International Human Rights Law." Max Planck Yearbook of United Nations Law Online 22, no. 1 (2019): 319–46. http://dx.doi.org/10.1163/18757413_022001013.

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The control of conventionality is a doctrine, developed by the Inter-American Court of Human Rights in its case law, according to which State agents are required to strive to make sure that domestic norms and practices are consistent with what Inter-American and other human rights law standards require. The doctrine as it has been developed posits that not only judges, but also any other State authorities must take these standards into account. The Court has made clear that its own pronouncements are to be considered too, not only in contentious cases but also in advisory opinions. Some argue that the Court has gone too far; others contend that the doctrine simply reaffirms the States’ obligation to adjust domestic practices and norms to international obligations and make internationally recognized human rights effective. Moreover, as long as a multi-level dialogue is permitted and some risks of fragmentation or unreasonable impositions are avoided, the doctrine may help to achieve the objectives of preventing both the congestion of the regional system and repetitive violations, and the legitimacy of the Court may be further strengthened if it admits some latitude in State decisions. Finally, the doctrine requires State authorities to consider extra-American developments, UN developments included; and can help actors from other human rights systems identify developments and principles positively applied throughout the Americas, which may serve as examples.
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48

Saraswati, Andini, Muhammad Fakih, and Nunung Rodliyah. "Comparative analysis of malpractice by midwives in the Americas and Indonesia." Asian Journal of Legal Studies 1, no. 1 (2022): 1–6. http://dx.doi.org/10.53402/ajls.v1i1.63.

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Midwife is a profession, so in its implementation in addition to basing on service standards set by laws and regulations, it must also be subject to a code of ethics established by professional organizations (Article 24 paragraph Idan i2 of the health law). So that a midwife as one of the health workers must not only be responsible to the community based on laws and regulations, but also human rights are responsible to professional organizations (midwifery) on the basis of the midwife's code of ethics. Responsibilities based on the government-invitation regulations as legal responsibilities can be divided into 3 aspects, namely, aspects of civil law, aspects of criminal law and aspects of administrative law. This thesis raises the issue of how criminal liability for malpractice committed by midwives and what efforts can be made to prevent malpractice from occurring by midwives. The accountability of the criminal act of malpractice is currently an important highlight because the rule of law that regulates it is still vague. This is because the regulation regarding the qualifications of malpractice acts is not clearly stated in the rule of law, this act of malpractice cannot be seen from one scientific point of view alone, but in terms of legal science as well. Malpractice contains criminal and civil elements, this should be considered so that each party does not give their own interpretation according to their respective sciences. The factors causing this criminal act of malpractice are still confusing. On the one hand, the perpetrator of malpractice cannot be blamed considering that his actions were done to solve a problem but his actions do not guarantee the completion of the problem. That Law number 36 of 2009 concerning health is not sufficient to regulate the crime of malpractice, in the Criminal Code it is also not found about the qualifications of malpractice acts that are found only qualifications due to the act of malpractice. For this reason, according to the author, the regulation regarding the criminal act of malpractice must be in good form in terms of the quanaification of malpractice acts, the consequences of malpractice acts and the accountability of the perpetrators of malpractice crimes.
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49

Gargarella, R. "The constitution of inequality. Constitutionalism in the Americas, 1776-1860." International Journal of Constitutional Law 3, no. 1 (2005): 1–23. http://dx.doi.org/10.1093/icon/moi001.

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50

Friedman, Max Paul, and Tom Long. "Soft Balancing in the Americas: Latin American Opposition to U.S. Intervention, 1898–1936." International Security 40, no. 1 (2015): 120–56. http://dx.doi.org/10.1162/isec_a_00212.

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In the aftermath of the 2003 U.S.-led invasion of Iraq, scholars of international relations debated how to best characterize the rising tide of global opposition. The concept of “soft balancing” emerged as an influential, though contested, explanation of a new phenomenon in a unipolar world: states seeking to constrain the ability of the United States to deploy military force by using multinational organizations, international law, and coalition building. Soft balancing can also be observed in regional unipolar systems. Multinational archival research reveals how Argentina, Mexico, and other Latin American countries responded to expanding U.S. power and military assertiveness in the early twentieth century through coordinated diplomatic maneuvering that provides a strong example of soft balancing. Examination of this earlier case makes an empirical contribution to the emerging soft-balancing literature and suggests that soft balancing need not lead to hard balancing or open conflict.
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