Articoli di riviste: "Haitian law"

1

Gaffield, Julia. "The Racialization of International Law after the Haitian Revolution: The Holy See and National Sovereignty". American Historical Review 125, n. 3 (1 giugno 2020): 841–68. http://dx.doi.org/10.1093/ahr/rhz1226.

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Abstract The Haitian state shaped international definitions of sovereignty and national legitimacy after the Declaration of Independence in 1804. Haiti’s nineteenth century was not a period of isolation and decline; its first six decades were globally connected because the country’s leaders challenged their postcolonial inequality with diplomacy and state formation. This strategy aimed to establish Haiti’s membership in the “family of nations,” a central metaphor in European and American diplomatic, legal, and religious decision-making. In doing so, the Haitian state forced the Atlantic powers to redefine the boundaries of international relations. Haiti’s decades-long negotiations with the Catholic Church were tied to the racialization of the global hierarchy. After its Declaration of Independence, the Haitian state began clearing a theoretical path toward recognized sovereignty based on the dominant narrative that a society must be considered “civilized” on the world stage. But, as it cultivated internal policies and practices that rejected the dominant racist assumptions, these discriminatory ideologies became increasingly more explicit in international law.

2

Keane-Dawes, Antony Wayne. "Remaking the Catholic Church in Santo Domingo". New West Indian Guide / Nieuwe West-Indische Gids 94, n. 3-4 (25 novembre 2020): 245–71. http://dx.doi.org/10.1163/22134360-bja10011.

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Abstract In 1824, the Haitian government passed a series of laws that secularized the Catholic Church’s lands in Santo Domingo and placed this religious institution under state control. Using correspondences, pamphlets, and petitions, this article argues that Haitian reforms of the Church in Santo Domingo created a new power dynamic that incorporated local communities with these secular and religious institutions. In doing so, this literature brings together two literatures that rarely speak to one another: the impact of the Haitian Unification on the Church in Santo Domingo and Haitian diplomatic negotiations over sovereignty in the Atlantic world. This article will discuss how different relationships between Church and state in Santo Domingo and Haiti resulted in conflict after Haiti’s annexation in 1822. Next, it will focus on the clerics’ responses to Haitian rule that includes the consequences of the 1824 secularization law. Finally, it will examine the impact of Haitian reforms on local communities particularly their relationships with their priests.

3

Exime, Ethol, Nelza Mara Pallú, Alvori Ahlert e Wilson João Zonin. "Cooperation and Collective Action as Strategies for The Development of Haitian Agriculture". Revista de Gestão Social e Ambiental 18, n. 4 (15 gennaio 2024): e04538. http://dx.doi.org/10.24857/rgsa.v18n4-036.

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Objective: The objective of this study was to understand the beliefs of Haitian citizens about collective action and cooperativism to assist in the economic development of Haiti through family farming, using Mancur Olson's Collective Action Theory as an analytical theoretical framework. Theoretical framework: The study is based on the "Collective Action Theory", as developed by economist Mancur Olson in his work "The Logic of Collective Action". The theory proposes a model for the construction of collective actions based on the understanding of group needs and the ability to achieve challenging goals. Method: The study is characterized by a qualitative case study, conducted in the interior of "Cayes Jacmel," Haiti, using intentional sampling for interviews with forty Haitian farmers. Results and conclusion: The study observed that family farming depends on the implementation of new technologies and a credit system to boost agricultural practices. The study concluded that cooperativism and collective action in the Haitian context have the potential to boost the development of family farming and promote economic, political, and social progress. Research implications: The study provides critical insights into Haitians' perceptions of collective action and its role in economic development. It underscores the importance of cooperation, challenges political structures, and highlights the need for international aid aligned with sustainable agriculture. Originality/value: The study's originality lies in its focus on collective action as a driver of economic progress, aligning with the scope of the RGSA. The study's value extends to its potential to shape socio-environmental practices within Haitian society.

4

Walker, Andrew. "Illegal Under the Laws of All Nations? The Courts of Haiti and the Suppression of the Atlantic Trade in African Captives". Law and History Review 37, n. 2 (23 aprile 2019): 539–69. http://dx.doi.org/10.1017/s0738248019000142.

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In 1816, the mostly-American crew of a slaving brig bound from Cuba staged a mutiny before reaching West Africa, and then sailed on (without a captive cargo) to the antislavery republic of Haiti. Their voyage culminated in a remarkable prize case before the admiralty court at Port-au-Prince. The sailors claimed indignation at the “diabolical” slave trade, hoping to win profits from the condemnation of the vessel and to avoid future prosecution for enlisting in a slaving voyage that was illegal under U.S. federal law. Haitian prosecutors invoked the agreements of the Congress of Vienna, arguing that the trade had been prohibited by the laws of nations. It fell to the admiralty court to reconcile such aspirational claims with Haiti's ongoing struggle for political survival. The brig's journey between the United States, Cuba, Spanish Florida, Cape Verde, and finally Haiti reveals the ways in which slave traders calculated the relative risks of legal penalties against the possible gains from the trade. The records of the adjudication of the case show how Haitian officials developed their own legal strategies for the suppression of the trade, laying the foundations for an escalating campaign to police slaving traffic off of their shores.

5

Meron, Theodor. "Extraterritoriality of Human Rights Treaties". American Journal of International Law 89, n. 1 (gennaio 1995): 78–82. http://dx.doi.org/10.2307/2203895.

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On the eve of the planned U.S. invasion of Haiti, responding to an appeal from the International Committee of the Red Cross to apply international humanitarian law, the United States stated that [i]f it becomes necessary to use force and engage in hostilities, the United States will, upon any engagement of forces, apply all of the provisions of the Geneva Conventions and the customary international law dealing with armed conflict.Further, the United States will accord prisoner of war treatment to any detained member of the Haitian armed forces. Any member of the U.S. armed forces who is detained by Haitian forces must be accorded prisoner of war treatment.

6

Hoogenboom, David A., e Joanna R. Quinn. "Transitional justice and the diaspora: Examining the impact of the Haitian diaspora on the Haitian truth commission". Griffith Law Review 29, n. 1 (2 gennaio 2020): 134–49. http://dx.doi.org/10.1080/10383441.2020.1868281.

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BLACKMUN, Justice. "The Haitian Refoulement Case: Dissenting Opinion". International Journal of Refugee Law 6, n. 1 (1994): 71–84. http://dx.doi.org/10.1093/ijrl/6.1.71.

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N'Zengou-Tayo, Marie-José. "‘Fanm Se Poto Mitan: Haitian Woman, the Pillar of Society". Feminist Review 59, n. 1 (giugno 1998): 118–42. http://dx.doi.org/10.1080/014177898339497.

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In this paper Marie-Jose N'zengou-Tayo draws on a variety of sources, both historical and contemporary, to describe the journey of Haitian women from nineteenth-century post-War of Independence, to present-day Haitian society. The paper is divided in two sections. In the first, the author traces a brief social history of women, quoting anthropological and sociological studies from the 1930s to the 1970s. She begins with rural peasant women noting their significant involvement in farming, marketing and in the internal food trade sector. The development of polygamy and common law unions as the most common form of conjugal union is seen as a practical response to survival in rural Haiti. The author notes the major impact on women's lives of continued political upheavals, violent repression, rural degradation and migration to the cities. Opportunities for employment in a deprived urban setting, and women's initiatives in income generating are also described under the Duvalier regimes. A brief overview of the lives of the middle class is included, although there is a paucity of research in this area available to the author. Violence against women is a regular threat facing domestic workers, and a means of repression used by the state against women across classes. In the second section N'Zengou-Tayo addresses the literary representation of Haitian women by both female and male Haitian writers. The paper examines how female writers have developed subversive narrative strategies to shape a female identity in order to break away from the stereotypes portrayed in men's writing. N'Zengou-Tayo concludes that the tremendous contribution of Haitian women to their society has neither been recognized nor documented. Despite this, the resilience of Haitian women, whether in their daily lives or in their writing, has enabled them to make strides towards improving their lives.

9

Nelson, Adrianne Katrina, Marguerite Fenwood, Courtney Burks, Alexandre Widner, Assiatou B. Bah, Ralph Ternier e Molly F. Franke. "Exploring the use of labor and delivery services by women of Haitian nationality in a Dominican Republic border town". International Journal of Migration, Health and Social Care 13, n. 3 (11 settembre 2017): 302–8. http://dx.doi.org/10.1108/ijmhsc-03-2016-0015.

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Purpose Women of Haitian nationality comprise a sizeable proportion of all women seeking labor and delivery services in a public hospital in Dominican Republic (DR), along the central border of Haiti. The purpose of this paper is to better understand and address the needs of Haitian women receiving labor and delivery services in this border region. Design/methodology/approach The authors conducted a mixed-methods study to identify personal motivations, demographic characteristics, and migration history of women seeking labor and delivery services at a public hospital. Findings The majority of women (83 percent) were born in Haiti but spoke Spanish (74 percent) and were long-term residents of the DR (mean 7.8 years). While many women reported they felt they had a positive experience delivering at the public hospital, some described feeling unwelcome or resented. Research limitations/implications The study sample was small and from one hospital. Future studies could explore the differences in experiences among Haitian women who are long-term residents of the DR and those whose presence is more transient. Practical implications Women residing on both sides of the border would likely benefit from coordinated efforts by the Haitian and DR Ministries of Health to strengthen referral services to and from either country. Social implications Hospital staff and services in the DR should consider the unique needs of this population, which makes critical contributions to workforce and culture in the DR. Originality/value This study is the first to assess labor and delivery service seeking practices and experiences within this population.

10

Harris, Jonathan. "Haitian Centers Council, Inc. v. McNary". American Journal of International Law 87, n. 1 (gennaio 1993): 112–17. http://dx.doi.org/10.2307/2203856.

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Clawson, Victoria, Elizabeth Detweiler e Laura Ho. "Litigating as Law Students: An inside Look at Haitian Centers Council". Yale Law Journal 103, n. 8 (giugno 1994): 2337. http://dx.doi.org/10.2307/797050.

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White, Nicola. "The Tragic Plight of HIV-Infected Haitian Refugees at Guantanamo Bay". Liverpool Law Review 28, n. 2 (31 luglio 2007): 249–69. http://dx.doi.org/10.1007/s10991-007-9018-1.

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Wood, Laurie M. "Across Oceans and Revolutions: Law and Slavery in French Saint‐Domingue and Beyond". Law & Social Inquiry 39, n. 03 (2014): 758–82. http://dx.doi.org/10.1111/lsi.12087.

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New work on colonial legal regimes suggests new pathways for scholarship on legal regimes, legal consciousness, judicial personnel, and the Atlantic world. Malick Ghachem's recent book, The Old Regime and the Haitian Revolution (2012), introduces scholars to one legal regime—that of the French plantation colony of Saint‐Domingue—to show how enslaved and free people continually negotiated the terms of master sovereignty and manumission. This debate lasted from Saint‐Domingue's establishment as a slave society in the seventeenth century to its revolution in the 1790s, which overthrew the slave regime and culminated in independence in 1804 as the republic of Haiti.

14

Reinstein, Robert J. "Slavery, Executive Power and International Law: The Haitian Revolution and American Constitutionalism". American Journal of Legal History 53, n. 2 (aprile 2013): 141–237. http://dx.doi.org/10.1093/ajlh/53.2.141.

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Walby, Kevin, e Jeffrey Monaghan. "“Haitian Paradox” or Dark Side of the Security-Development Nexus? Canada’s Role in the Securitization of Haiti, 2004–2009". Alternatives: Global, Local, Political 36, n. 4 (novembre 2011): 273–87. http://dx.doi.org/10.1177/0304375411431760.

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Drawing on analysis of government records obtained using Access to Information Act requests, the author examines the securitization of Canada’s aid program to Haiti between 2004 and 2009. The author discusses how Canadian agencies, including the Royal Canadian Mounted Police (RCMP), Correctional Service of Canada (CSC), and the Canadian International Development Agency, were involved in capacity-building initiatives that focused on police reform, border surveillance, and prison construction/refurbishment across Haiti in the aftermath of a coup that ousted the democratically elected President Jean-Bertrand Aristide. The author demonstrates how these efforts at securitization resulted in what officials referred to as the “Haitian Paradox,” whereby reorganization of the Haitian National Police force led to higher arrest rates and jail bloat, creating conditions that violated rather than ameliorated human rights. While the securitization project may have been based on the rule of law and human rights in Canadian policy makers’ official discourse, in practice these securitization efforts exacerbated jail overcrowding, distrust of police, and persecution of political opposition. The author therefore demonstrates one way that international development, aid, and criminal justice intersect, with emphasis on the transnational aspects of RCMP and CSC activities.

16

Verlin, Jan. "Humanitarian Planning and Localised Temporalities: The Haitian Case". Global Policy 12, S7 (dicembre 2021): 68–79. http://dx.doi.org/10.1111/1758-5899.12978.

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Vannier, Christian N. "Audit Culture and Grassroots Participation in Rural Haitian Development". PoLAR: Political and Legal Anthropology Review 33, n. 2 (novembre 2010): 282–305. http://dx.doi.org/10.1111/j.1555-2934.2010.01115.x.

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Fanning, Sara. "A Limited Friendship: Haitian–British Relations Post Recognition". Journal of Caribbean History 56, n. 2 (2022): 29–59. http://dx.doi.org/10.1353/jch.2022.0007.

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Petrozziello, Allison J., e Bridget Wooding. "Borders, buscones, brothels, and bi-national markets: Haitian women negotiate how to get through". Cultural Dynamics 25, n. 2 (luglio 2013): 183–205. http://dx.doi.org/10.1177/0921374013498141.

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The 2010 earthquake and cholera outbreak in Haiti have given a push to women’s migration to the Dominican Republic, and risk of being trafficked. Employing a feminist ethnographic approach, this case study examines the experiences of Haitian women and girls in the Dominican border town of Comendador, Elías Piña, to understand the choices and calculated risks they take in order to “get through.” The authors situate trafficking within a spectrum of violence against women along a border marked by radically asymmetrical power relations, and call for coordinated social interventions beyond law enforcement that guarantee effective protection in the cross-border context.

20

Abeyratne, Ruwantissa. "Legal and Aeronautical Issues Concerning the Earthquake in Haiti". Air and Space Law 35, Issue 2 (1 aprile 2010): 183–93. http://dx.doi.org/10.54648/aila2010017.

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The earthquake that devastated the capital of Haiti and much of its environs in January 2010, causing massive fatalities and damage to property, could be distinguished from the Tsunami of December 2004 in that the latter left the government infrastructure and machinery intact. The earthquake, on the other hand, crippled the Haitian government and infrastructure, rendering government authorities weak in the running of the country. From an aeronautical perspective, this brought to bear issues of sovereignty within the parameters of relief flights and humanitarian law. Another devastation that was unique to the earthquake was that although the only runway at the airport was undamaged, the rest of the aviation infrastructure lay in a shambles. The flow of the numerous relief flights that came into Haiti after the fact had therefore to be managed with caution and diligence. This article addresses these issues in the backdrop of the applicable principles of public international law and the regulatory regime of international civil aviation.

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Shread, Carolyn. "Decolonizing paratexts: re-presenting Haitian literature in English translations". Neohelicon 37, n. 1 (25 marzo 2010): 113–25. http://dx.doi.org/10.1007/s11059-010-0055-8.

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Fecu, Yanie. "Vocal Labor in Edwidge Danticat and Wyclef Jean’s Refugee Narratives". American Literary History 34, n. 3 (19 agosto 2022): 986–1014. http://dx.doi.org/10.1093/alh/ajac093.

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Abstract This article examines how Edwidge Danticat’s memoir Brother, I’m Dying (2007) and Wyclef Jean’s musical album The Carnival (1997) stage Haitian refugees’ encounters with US law. Both artists experiment with what I term “vocal labor,” a set of aesthetic strategies that denaturalize the human voice in order to decouple its facile elision with individuality and intelligibility. I argue that Danticat and Wyclef destabilize their own positions as articulate spokespeople to expose the legal and extralegal mechanisms that solicit refugees’ voices only to disarticulate and disavow them. In doing so, I demonstrate how Black performance reveals and responds to the sensorial dimensions of state-sanctioned violence.

23

Lennox, Malissia. "Refugees, Racism, and Reparations: A Critique of the United States' Haitian Immigration Policy". Stanford Law Review 45, n. 3 (febbraio 1993): 687. http://dx.doi.org/10.2307/1229010.

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Hollenberg, Stephan. "Immunity of the un in the Case of Haitian Cholera Victims". Journal of International Peacekeeping 19, n. 1-2 (23 settembre 2015): 118–41. http://dx.doi.org/10.1163/18754112-01902005.

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This article will analyze the issue of un’s absolute immunity, in particular in the case of the complaint that has been brought against the un by the victims of the cholera outbreak in Haiti. It will argue that under certain circumstances domestic courts should not automatically accept that the un has absolute immunity with regard to all damages that are caused by un Peacekeeping Forces. Instead courts should draw a careful balance between the interest of upholding un’s absolute immunity and the interest of guaranteeing due process rights to individuals adversely affected by un’s actions. The aim of this article is to provide an analysis that may assist in striking such balance. To that end, it will explore the rationale underlying the immunity of international organizations, and it will examine relevant case law of the European Court of Human Rights and several domestic courts. Some of the cases considered concern the issue of targeted sanctions, in which a similar conflict emerges between two opposing international obligations. In addition, the present article will draw a parallel with the distinction used in the field of State immunity between iure imperii and iure gestionis.

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Reisman, W. Michael. "Haiti and the Validity of International Action". American Journal of International Law 89, n. 1 (gennaio 1995): 82–84. http://dx.doi.org/10.2307/2203896.

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In December 1990, after decades of dictatorship, the Haitian people overwhelmingly elected Jean-Bertrand Aristide as President. Every aspect of the election was monitored by international organizations and confirmed as “free and fair.” Within months, the army, an ill-trained force of some five thousand men, seized power, expelled Aristide, and brutally suppressed popular protest. The Organization of American States and the United Nations Security Council condemned the coup and its aftermath and ordered economic sanctions to dislodge the military. The sanctions failed. On July 31, 1994, the Security Council, acknowledging the gravity of the situation and recognizing that an “exceptional response” was required, passed Resolution 940, authorizing military action. The legality and wisdom of Resolution 940 has been criticized on the following grounds.

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Kumari, Nisha. "PSIDIUM GUAJAVA: QUERCETIN USE IN THE TREATMENT OF PERIODONTITIS". YMER Digital 21, n. 08 (5 agosto 2022): 143–57. http://dx.doi.org/10.37896/ymer21.08/15.

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Guava is native to the American tropical. The anme guava most is drived from the Haitian name Guajaba. Plant for hundreds of years has been used to decorate health and for medicinal purposes. Psidium guajava (Family Myrtaceae ) has an extensive wealth of medicinal value. Guava due to its anti‑inflammatory action can inhibit iNOS, COX‑2, NF‑kβ it could be a valuable agent in treating periodontal disease. Quercetin is the main constituent present in guava and has shown excellent against some periodontal pathogens. This review paper explains the pharmacological use of guava leaves in the treatment of Periodontitis. Keywords: Psidium guajava, Periodontitis, Quercetin, Antibacterial, Pharmacological use.

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Dodds, Ciji. "In Fear of Black Revolutionary Contagion and Insurrection: Foucault, Galtung, and the Genesis of Racialized Structural Violence in American Foreign Policy and Immigration Law". Michigan Journal of Race & Law, n. 26.2 (2021): 371. http://dx.doi.org/10.36643/mjrl.26.2.fear.

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This article investigates the power relation between the political anatomy of the Black soul and non-somatic expressions of white supremacy-based violence. Utilizing Michel Foucault’s theories of discipline and punishment in conjunction with Johan Galtung’s theory of structural violence, I posit that the exercise of state-sanctioned discipline and punishment in furtherance of white supremacy constitutes racialized structural violence. Thus, this article contributes to the current public discourse concerning the role white supremacy plays in America by establishing a new construct that can be used to dissect the nature of racial oppression. Furthermore, this article analyzes the genesis and construction of racialized structural violence in American foreign policy and immigration law using America’s response to the Haitian Revolution as a case study. When combined, akin to discipline, American foreign policy and immigration law is a white supremacy-oriented, complex bundle of power technologies designed to evoke docility from Black and Brown nations. Both allow America to engage in dissociative white supremacy. Over time, America’s “right” and power to discipline and punish Black and Brown nations has been normalized as a rational function of our global society.

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Mendieta, Eduardo. "Liberation through Jurisgenesis: On Constitutionalism". Journal of Speculative Philosophy 37, n. 1 (gennaio 2023): 1–20. http://dx.doi.org/10.5325/jspecphil.37.1.0001.

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ABSTRACT This article begins with a consideration of whether the January 6, 2021, attack on the United State’s Capitol building can be considered a form of “legitimate political discourse” and compares the insurrectionists to the Black Lives Matter protest movement. Both movements, as different and antithetical as they are, raised meta-questions about how it is that we establish by means of law the forms to express dissent. It is proposed that “constitutionalism,” namely, the doctrine that the primary means to create and sustain free institutions are constitutions, which were and are result of historical events, i.e., revolutions such as the French, the American, and Haitian, that nonetheless unleashed normative powers and aspirations. After an analysis of constitutionalism through the lens of the US Constitution, the text turns to an analysis of what here are called “constitutional deconstructions.” Six such deconstructions are discussed: of the written constitution itself, of the law, of rights, of the people, of the state, and finally, of the Supreme Court as the protector and ultimate reader of the constitition. In this last section, the 2021 Report of the Presidential Commission on the Supreme Court of the United States is considered.

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Murphy, Sean D. "Democratic Legitimacy and the Recognition of States and Governments". International and Comparative Law Quarterly 48, n. 3 (luglio 1999): 545–81. http://dx.doi.org/10.1017/s0020589300063430.

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In a seminal 1992 article Thomas Franck postulated the emergence in international law of a right to democratic governance.1 Franck argued that, increasingly, the acceptance of a government by other States turns on whether the government governs with the consent of its people.In supporting this notion, Franck pointed to events such as the 1991 effort by Haitian military and police authorities to overthrow the elected President of Haiti, Jean-Bertrand Aristide. Although those authorities exercised complete control over Haiti, the international community condemned the coup leaders, refused to engage in normal diplomatic relations with them or to seat their representatives at international organisations, and instead continued to recognise the exiled President Aristide as representing the legitimate government of Haiti. Severe economic and ultimately military sanctions were imposed on Haiti, and finally, in 1994, the coup leaders were forced to relinquish power. President Aristide then returned to Haiti to complete his term as president.

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OBREGÓN, LILIANA. "Empire, Racial Capitalism and International Law: The Case of Manumitted Haiti and the Recognition Debt". Leiden Journal of International Law 31, n. 3 (18 giugno 2018): 597–615. http://dx.doi.org/10.1017/s0922156518000225.

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AbstractBefore 1492, European feudal practices racialized subjects in order to dispossess, enslave and colonize them. Enslavement of different peoples was a centuries old custom authorized by the law of nations and fundamental to the economies of empire. Manumission, though exceptional, helped to sustain slavery because it created an expectation of freedom, despite the fact that the freed received punitive consequences. In the sixteenth century, as European empires searched for cheaper and more abundant sources of labour with which to exploit their colonies, the Atlantic slave trade grew exponentially as slaves became equated with racialized subjects.This article presents the case of Haiti as an example of continued imperial practices sustained by racial capitalism and the law of nations. In 1789, half a million slaves overthrew their French masters from the colony of Saint Domingue. After decades of defeating recolonization efforts and the loss of almost half their population and resources, Haitian leaders believed their declared independence of 1804 was insufficient, so in 1825 they reluctantly accepted recognition by France while being forced to pay an onerous indemnity debt. Though Haiti was manumitted through the promise of a debt payment, at the same time the new state was re-enslaved as France's commercial colony. The indemnity debt had consequences for Haiti well into the current century, as today Haiti is one of the poorest and most dependent nations in the world.

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Cook, Shayna S. "The Exclusion of HIV-Positive Immigrants under the Nicaraguan Adjustment and Central American Relief Act and the Haitian Refugee Immigration Fairness Act". Michigan Law Review 99, n. 2 (novembre 2000): 452. http://dx.doi.org/10.2307/1290299.

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Portes, Alejandro, Alex Stepick e Cynthia Truelove. "Three years later: the adaptation process of 1980 (Mariel) Cuban and Haitian refugees in South Florida". Population Research and Policy Review 5, n. 1 (1986): 83–94. http://dx.doi.org/10.1007/bf00124880.

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Kyle, David, e Marc Scarcelli. "Migrant smuggling and the violence question: evolving illicit migration markets for Cuban and Haitian refugees". Crime, Law and Social Change 52, n. 3 (6 marzo 2009): 297–311. http://dx.doi.org/10.1007/s10611-009-9196-y.

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Burke, Susan. "Desir v. Ilchert". American Journal of International Law 82, n. 4 (ottobre 1988): 830–32. http://dx.doi.org/10.2307/2203520.

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Plaintiff, a Haitian seeking asylum in the United States, filed a petition for habeas corpus in the United States District Court for the Northern District of California, to overturn a denial of asylum by both an immigration judge and the Board of Immigration Appeals (BIA). The plaintiff sought asylum under section 101(a)(42)(A) of the Immigration and Nationality Act (8 U.S.C. §1101(a)(42)(A) (1982)) (INA) on the basis of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” The district court upheld the BIA decision, which allowed deportation of the plaintiff because the incidents of persecution in Haiti were economically rather than politically motivated. The Court of Appeals for the Ninth Circuit (per Tang, J.) reversed, holding that the plaintiff had demonstrated persecution based on political opinion by showing a pattern of extortion by government officials, and remanded for a determination of whether the plaintiff would be persecuted upon his return to Haiti.

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Linnemann, Travis, Tyler Wall e Edward Green. "The walking dead and killing state: Zombification and the normalization of police violence". Theoretical Criminology 18, n. 4 (7 aprile 2014): 506–27. http://dx.doi.org/10.1177/1362480614529455.

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In May 2012, police shot Rudy Eugene, a black man of Haitian decent, dead as he ‘ate the face’ of a homeless man on a deserted Miami causeway. Because of the strange gruesomeness of the attack and other similar violent acts, some in the media declared that a terrifying pandemic—the ‘zombie apocalypse’—had arrived. While this particular case may be yet another instance of mediated panic, we suggest cries of ‘zombies’ and ‘cannibals’ should not be dismissed as simply sensationalistic, irresponsible journalism. Rather, we see this case as a powerful example of the cultural production of a spectral sort of monstrosity that obscures and justifies police violence and state killing. As such, we argue that all of the contemporary ‘zombie talk’, usefully reveals how the logics of security, state violence and punitive disposability are imagined and reproduced as livable parts of late-capitalism.

36

Lee, Scott G., Edward J. Russell, R. L. Bingham e Peter Felker. "Discovery of thornless, non-browsed, erect tropical Prosopis in 3-year-old Haitian progeny trials". Forest Ecology and Management 48, n. 1-2 (marzo 1992): 1–13. http://dx.doi.org/10.1016/0378-1127(92)90117-r.

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KITLV, Redactie. "Book Reviews". New West Indian Guide / Nieuwe West-Indische Gids 73, n. 3-4 (1 gennaio 1999): 111–73. http://dx.doi.org/10.1163/13822373-90002582.

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-Michael D. Olien, Edmund T. Gordon, Disparate Diasporas: Identity and politics in an African-Nicaraguan community.Austin: University of Texas Press, 1998. xiv + 330 pp.-Donald Cosentino, Margarite Fernández Olmos ,Sacred possessions: Vodou, Santería, Obeah, and the Caribbean. New Brunswick NJ: Rutgers University Press, 1997. viii + 312 pp., Lizabeth Paravisini-Gebert (eds)-John P. Homiak, Lorna McDaniel, The big drum ritual of Carriacou: Praisesongs in rememory of flight. Gainesville: University Press of Florida, 1998. xiv + 198 pp.-Julian Gerstin, Gerdès Fleurant, Dancing spirits: Rhythms and rituals of Haitian Vodun, the Rada Rite. Westport CT: Greenwood, 1996. xvi + 240 pp.-Rose-Marie Chierici, Alex Stepick, Pride against Prejudice: Haitians in the United States. Boston: Allyn & Bacon, 1998. x + 134 pp.-Rose-Marie Chierici, Flore Zéphir, Haitian immigrants in Black America: A sociological and sociolinguistic portrait. Westport CT: Bergin & Garvey, 1996. xvi + 180 pp.-Luis Martínez-Fernández, Rosalie Schwartz, Pleasure Island: Tourism and temptation in Cuba. Lincoln: University of Nebraska Press, 1997. xxiv + 239 pp.-Jorge L. Giovannetti, My footsteps in Baraguá. Script and direction by Gloria Rolando. VHS, 53 minutes. Havana: Mundo Latino, 1996.-Gert Oostindie, Mona Rosendahl, Inside the revolution: Everyday life in socialist Cuba. Ithaca: Cornell University Press, 1997. x + 194 pp.-Frank Argote-Freyre, Lisa Brock ,Between race and empire: African-Americans and Cubans before the Cuban revolution. Philadelphia: Temple University Press, 1998. xii + 298 pp., Digna Castañeda Fuertes (eds)-José E. Cruz, Frances Negrón-Muntaner ,Puerto Rican Jam: Rethinking colonialism and nationalism. Minneapolis: University of Minnesota Press, 1997. x + 303 pp., Ramón Grosfoguel (eds)-Helen I. Safa, Félix V. Matos Rodríguez ,Puerto Rican Women's history: New perspectives. Armonk NY: M.E. Sharpe, 1998. x + 262 pp., Linda C. Delgado (eds)-Arlene Torres, Jean P. Peterman, Telling their stories: Puerto Rican Women and abortion. Boulder CO: Westview Press, 1996. ix + 112 pp.-Trevor W. Purcell, Philip Sherlock ,The story of the Jamaican People. Kingston: Ian Randle; Princeton: Markus Wiener, 1998. xii + 434 pp., Hazel Bennett (eds)-Howard Fergus, Donald Harman Akenson, If the Irish ran the world: Montserrat, 1630-1730. Liverpool: Liverpool University Press, 1997. xii + 273 pp.-John S. Brierley, Lawrence S. Grossman, The political ecology of bananas: Contract farming, peasants, and agrarian change in the Eastern Caribbean. Chapel Hill: University of North Carolina Press, 1998. xx + 268 pp.-Mindie Lazarus-Black, Jeannine M. Purdy, Common law and colonised peoples: Studies in Trinidad and Western Australia. Aldershot, UK: Ashgate Dartmouth, 1997. xii + 309.-Stephen Slemon, Barbara Lalla, Defining Jamaican fiction: Marronage and the discourse of survival. Tuscaloosa: University of Alabama Press, 1996. xi + 224 pp.-Stephen Slemon, Renu Juneja, Caribbean transactions: West Indian culture in literature.-Sue N. Greene, Richard F. Patteson, Caribbean Passages: A critical perspective on new fiction from the West Indies. Boulder CO: Lynne Rienner Publishers, 1998. ix + 187 pp.-Harold Munneke, Ivelaw L. Griffith ,Democracy and human rights in the Caribbean. Boulder CO: Westview Press, 1997. vii + 278 pp., Betty N. Sedoc-Dahlberg (eds)-Francisco E. Thoumi, Ivelaw Lloyd Griffith, Drugs and security in the Caribbean: Sovereignty under seige. University Park: Penn State University Press, 1997. xx + 295 pp.-Michiel Baud, Eric Paul Roorda, The dictator next door: The good neighbor policy and the Trujillo regime in the Dominican republic, 1930-1945. Durham NC: Duke University Press, 1998. xii + 337 pp.-Peter Mason, Wim Klooster, The Dutch in the Americas 1600-1800. Providence RI: The John Carter Brown Library, 1997. xviii + 101 pp.-David R. Watters, Aad H. Versteeg ,The archaeology of Aruba: The Tanki Flip site. Oranjestad; Archaeological Museum Aruba, 1997. 518 pp., Stéphen Rostain (eds)

38

Bartman, Steef M. "Piercing the Corporate Veil in Haitian Poisoning Affair Rejected in First Instance: German HELM AG Not Found Liable under Dutch Corporate Law". European Company Law 13, Issue 3 (1 giugno 2016): 105–16. http://dx.doi.org/10.54648/eucl2016016.

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In its award of 15 July 2009 the Florida Court of Appeal (Third District) ruled that Florida Courts had jurisdiction over a parent company (HELM), but not over its Dutch subsidiary company (Vos) that had caused severe damage in Haiti. Vos had purchased glycerine from China and, although the glycerine was impure and tainted, it had proceeded to sell the glycerine to one of its customers in Haiti after affixing false labels to it. In its judgment of 2 July 2015, the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County declined to pierce the corporate veil under Dutch law and to hold HELM liable for the ‘despicable’ alleged actions of its subsidiary. In March 2016 an appeal has been lodged against the Court’s award with the Florida Court of Appeal (Third District).

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Taylor, Dorothy L., Frank A. Biafora e George J. Warheit. "Racial mistrust and disposition to deviance among African American, Haitian, and other Caribbean Island adolescent boys." Law and Human Behavior 18, n. 3 (1994): 291–303. http://dx.doi.org/10.1007/bf01499589.

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Thomaz, Diana. "What’s in a Category? The Politics of Not Being a Refugee". Social & Legal Studies 27, n. 2 (15 dicembre 2017): 200–218. http://dx.doi.org/10.1177/0964663917746488.

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How are refugees perceived and governed in contemporary politics? What sort of sovereign responses has been advanced to govern and discipline the movement of people in a globalizing world? The article discusses how the ‘figure of the refugee’ (Scheel and Squire, 2014) or the ‘refugee label’ (Zetter, 1991, 2007) has changed once the Cold War ended and growing numbers of asylum seekers from the global South began searching for protection in the North. It attributes the restrictive character of contemporary asylum politics both to a perception of refugees as abject masses from the South and to sovereign states’ responses to a globalizing reality. In this context, I argue that access to asylum has been restricted both through the mobilization of new sovereign borders that seek to contain the mobility of asylum seekers perceived as villains, and through the creation of new categories or legal limits, in the form of temporary protection statuses to those perceived as passive victims. By focusing on the latter strategy, I briefly explore how Haitian asylum seekers have been labelled as ‘humanitarian immigrants’ in Brazil, highlighting the productivity of this legal limit.

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Durocher, Evelyne, Ryoa Chung, Christiane Rochon e Matthew Hunt. "Understanding and Addressing Vulnerability Following the 2010 Haiti Earthquake: Applying a Feminist Lens to Examine Perspectives of Haitian and Expatriate Health Care Providers and Decision-Makers". Journal of Human Rights Practice 8, n. 2 (9 maggio 2016): 219–38. http://dx.doi.org/10.1093/jhuman/huw007.

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Blumi, Isa. "Settling Aftermath Regimes: Itinerate Cham Albanians in the post-Ottoman World, 1822–1932". Archiv orientální 91, n. 3 (29 gennaio 2024): 467–95. http://dx.doi.org/10.47979/aror.j.91.3.467-495.

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During the “Age of Revolution,” disruptions that initiated transitional processes in many European states had their origins in peripheral zones, often themselves in a perpetual state of destabilization due to colonial administrative policies. From the Haitian Revolution to the destabilization caused by the American revolutions, European states collapsed and reconfigured to become the modern states associated with the era. This symbiotic relationship between the historical center and the periphery increasingly acknowledged, needs its equivlent. The same dynamics are at play in the following article, one that monitors the collective action of a particular group of Albanian Orthodox Christians who establish themselves in diasporas in Egypt and North America. Their ultimate contribution to the transformations impacting the larger Ottoman Empire and its Balkan/Eastern Mediterranean territories, recorded as the era of ethno-nationalism and liberation proves to invite a set of collective state building enterprises and Great Power adjustments witnessed elsewhere in Europe. And as events in Haiti and the larger Americas induced significant change in the empire’s metropole, so too did the charted actions of heretofore ignored Albanian Ottomans inform the evolution of diplomacy and international law as applied in Post-Ottoman contexts after the Balkan Wars of 1912-1913.

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Jones, Thomas David. "Cuban American Bar Association, Inc. v. Christopher. 43 F.3d 1412. Haitian Refugee Center, Inc. v. Christopher. 43 F.3d 1431". American Journal of International Law 90, n. 3 (luglio 1996): 477–83. http://dx.doi.org/10.2307/2204073.

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Vahedi, Luissa, Sabine Lee e Susan A. Bartels. "Proactive and reactive responses to pregnancies resulting from sexual exploitation and abuse: an ecological model based on Haitian survivors’ experiences". Journal of Aggression, Conflict and Peace Research 14, n. 1 (7 ottobre 2021): 26–42. http://dx.doi.org/10.1108/jacpr-03-2021-0584.

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Purpose This paper aims to analyze the lived experience of seeking justice and reparations related to conceiving a peacekeeper-fathered child. Design/methodology/approach Based on 18 semi-structured qualitative interviews conducted across Haiti in 2017, the authors mapped the experiences of Haitian mothers of peacekeeper-fathered children onto the ecological framework, proposing prevention/response strategies at the micro, meso and macro levels. Findings The findings mainly focus on reporting and access to support. Reporting was sometimes discouraged by the peacekeeper fathers due to the fear of being reprimanded. Among women who did report, some were told that nothing could be done, as the peacekeeper returned to his home country. Disclosure fatigue was common among participants who formally reported their pregnancies/peacekeeper-fathered children, particularly when promises of employment or child support failed to materialize. Overall, there was widespread distrust and disillusionment with the UN’s reporting and support system. Originality/value To improve the UN’s sexual abuse and exploitation prevention/response system at the micro level, the authors propose addressing personal knowledge/attitudes/beliefs through scenario-based and contextually relevant peacekeeper training and addressing the sexual/reproductive health needs of women and girls in proximity to peacekeeping bases. At the meso level, the UN should improve trust in reporting. Efforts to do so should include mandatory third-party deoxyribonucleic acid testing and banking, streamlined reporting mechanisms and removing the practice of automatically repatriating implicated peacekeepers. At the macro level, the authors recommend investments to improve educational and economic opportunities for women and girls, as well as revamping policies that contribute to impunity and absolve peacekeepers and troop-contributing countries of their responsibilities to provide child support.

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Alexander, PhD, David. "News reporting of the January 12, 2010, Haiti earthquake: The role of common misconceptions". Journal of Emergency Management 8, n. 6 (1 novembre 2010): 15. http://dx.doi.org/10.5055/jem.2010.0036.

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The Haiti earthquake of January 12, 2010, was one of the worst seismic disasters of the last half-century. Given the severity of damage to infrastructure and the gravity of the humanitarian crisis, it was particularly difficult for journalists to report the situation accurately during the early stages of the crisis. In relation to the Haitian catastrophe, this article considers 10 misassumptions that commonly appear in news reports about disaster. They include “myths” about the inevitability of disease, the prevalence of panic, and the need to impose martial law. Behind the misassumptions is a widely disseminated but wholly inaccurate model of the breakdown of society, which is greatly at variance with the observational definition by sociologists of the postdisaster “therapeutic community.” This article concludes that the misassumptions are, at least in part, alive and well. Some of the less responsible news media enthusiastically propagated them without checking the reality on the ground in Haiti. However, there are signs that at last the more thoughtful media are prepared to question the myths of disaster. In part this is clearly because influential people in the humanitarian relief effort have made a special effort to make journalists aware that certain notions are misassumptions— for example, that unburied dead bodies give rise to disease epidemics. Nevertheless, it is not yet clear whether we are entering a new age of more responsible reporting of disasters by the mass media.

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Sweet, James. "Research Note: New Perspectives on Kongo in Revolutionary Haiti". Americas 74, n. 1 (6 dicembre 2016): 83–97. http://dx.doi.org/10.1017/tam.2016.82.

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On February 26, 1794, Louis Narcisse Baudry des Lozières arrived at the port of Norfolk, Virginia, from Le Havre on the coast of France. His journey had not been an easy one. Shortly after leaving France, the ship carrying Baudry, his wife, their 13-year-old daughter, and a Norman servant girl was caught in a terrible storm. The family endured a harrowing four-month Atlantic crossing, but they had experienced far worse. Just two years earlier, Baudry had discovered his wife and daughter “wandering in the woods” of St. Domingue, after rebels had forced them to abandon their home in the early days of the Haitian Revolution. Baudry, a distinguished French military officer, had himself been wounded fighting the insurgents near Léogane, and the majority of the soldiers under his command had been slaughtered. Fearing for his life, Baudry fled the colony in March 1792. In Paris, he briefly reunited with his more famous brother-in-law, the lawyer and writer Médéric Louis Élie Moreau de Saint-Méry. However, both were soon forced into exile, and he eventually settled in Philadelphia. There, Baudry worked as a clerk, bookseller, and editor. He also used his exile as an opportunity to travel North America, spending time with his wife and in-laws in New Orleans. Eventually, Baudry presented himself as an expert on the natural history of the French colonies, delivering lectures to the American Philosophical Society in Philadelphia and publishing several articles on “scientific” topics.

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Wilson, Tamar Diana. "Walking on Fire: Haitian Women’s Stories of Survival and Resistance, by Beverly Bell. Ithaca, New York: Cornell University Press, 2001. 259 pp., $18.95 (paper)." Violence Against Women 9, n. 3 (marzo 2003): 394–98. http://dx.doi.org/10.1177/1077801202250106.

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Junior, Aristil, Pierre Jonas Sanon e Dominique Lordé. "Phenotypic diversity of Haitian Benzolive (Moringa oleifera Lam.)". Plantae Scientia 3, n. 1 (15 gennaio 2020): 1–6. http://dx.doi.org/10.32439/ps.v3i1.1-6.

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Moringa (MO) is a plant with great nutritional value distributed in almost all subtropical and tropical countries including Haiti. MO is relatively present in all departments of Haiti. But till now, there are no data available for the phenotypical diversities of Haitian MO. The current survey is aimed at evaluating the morphological diversity of Haitian MO. From June to September of the 2018 year, 90 samples of MO were collected in the 10 departments of Haiti. Characters registered per plant were submitted to statistical analysis using IBM SPSS, version 22.0. Results revealed that Haitian MO grain yield (GY) were ranging from 0.20 to 3.26 t/ha. MO from Grand’Anse and South are significantly more yielded than the other districts (p< 0.05). MO grain yield was positively related to all registered characters. The two maximal GY correlations were observed mainly with the number of branches plant (? =0.74; p<0.001) and the number of pods per branch (? =0.60; p<0.001). Haitian MO was classified into two separate clusters. MO of South, Southeast and Grand’Anse departments formed one cluster and the other departments constituted the largest one. The greatest genetic diversity was detected in MO from Southeast and West departments. Crossing materials from Southeast and West department is well recommended for creating possibly new accessions. The additional investigation regarding molecular classification is deeply required for better understanding of the genetic diversity of Haitian MO.

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Burlotos, Christianos, Tracy L. Kijewski-Correa e Alexandros A. Taflanidis. "The Housing Market Value Chain: An Integrated Approach for Mitigating Risk in Informal Residential Construction in Haiti". Sustainability 12, n. 19 (28 settembre 2020): 8006. http://dx.doi.org/10.3390/su12198006.

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Access to dignified housing represents a critical challenge for many low- and middle-income countries (LMICs). Technical and economic constraints frequently lead homeowners in these countries toward incrementally-constructed homes, which are often proven deadly when exposed to seismic or meteorological hazards. This paper offers a holistic analysis of the informal residential construction industry contextualized in Léogâne, Haiti, the effective epicenter of the 2010 Haiti earthquake, and offers an implementation framework geared towards integrating the housing delivery process to accommodate more resilient typologies. First, the concept of the housing ecosystem is introduced, and a thorough analysis of the technical, economic, and political factors that constrain this ecosystem in Haiti is presented. The defining elements of the resulting residential construction industry are then discussed: An informal blend of Design-Build and Master Builder methods of project delivery for incrementally-constructed (and largely masonry) permanent homes. The housing ecosystem is then redefined as a seven-step housing market value chain, and interventions to further strengthen and integrate this value chain are presented for each of the seven steps. Interventions are grounded in analogous contexts and refactored specifically for the Haitian case study scenario through extensive co-creation with stakeholders in Haiti. Particular focus is given to the Léogâne Community Building Fund, a concept designed to democratize housing finance for low to middle-income groups. When implemented in an integrated fashion, risks across this housing market value chain are effectively mitigated to sustainably deliver dignified housing through a market-based approach suitable for Haiti and extensible to other LMICs.

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Baker, Beverly A., e Caroline Riches. "The development of EFL examinations in Haiti: Collaboration and language assessment literacy development". Language Testing 35, n. 4 (13 luglio 2017): 557–81. http://dx.doi.org/10.1177/0265532217716732.

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Research was conducted during the delivery of a series of workshops on language assessment with Haitian teachers in the spring of 2013. The final products of these workshops were several revised national English examinations presented to the Haitian Ministry of Education and Professional Training (MENFP). The research goal was to examine the language assessment literacy (LAL) development of both teachers and language assessment specialists during this collaboration. Data included the compiled feedback from Haitian teachers on draft examinations during the workshops, as well as survey and interview responses immediately following the workshops. Results reveal the complementary expertise of teachers and specialists, which facilitated LAL development by both parties. Results also identified challenges in collaborative decision making and consensus building to be addressed in future projects.

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