{"title":"A Case Ill Suited for Judgment: Constructing 'A Sovereign Access to the Sea' in the Atacama Desert","authors":"Christopher R. Rossi","doi":"10.2139/SSRN.2764459","DOIUrl":"https://doi.org/10.2139/SSRN.2764459","url":null,"abstract":"In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivites), the post-colonial international legal principle of uti possidetis, territorial temptations arising from resource discoveries, and the duty to negotiate based on a pactum de contrahendo, a pactum de negotiando, or unilateral declarations, this Article concludes this case is less suited for adjudicative settlement than resolution by the principal three parties involved in the region – Bolivia, Chile, and Peru – primarily because the parties have, over the course of this protracted dispute, constructed intersubjective modalities for a shared sovereignty arrangement facilitated by sub-regional economic growth relations. A regional reconstruction of sovereignty in the northern Atacama region presents the better prospect for resolution than is possible through the limited outcomes presented by formal third party dispute settlement.","PeriodicalId":179504,"journal":{"name":"University of Miami Inter-American law review","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131237522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Will the Birds Stay South? The Rise of Class Actions and Other Forms of Group Litigation Across Latin America","authors":"Manuel A. Gómez","doi":"10.2139/SSRN.1930413","DOIUrl":"https://doi.org/10.2139/SSRN.1930413","url":null,"abstract":"This article explores the context in which the regulation of class actions is emerging in Latin America. It describes the different forms of aggregate and group litigation available in that region, from the mechanisms traditionally included in the different codes of civil procedure and other statutes, to the recently enacted vehicles for the protection of individual and collective rights, including class actions. Further, this article focuses on the differences and similarities in procedural rules and legal practices regarding the use of remedies against collective harms. This paper also explores the different incentives and obstacles created by the new class action statutes, and delves into the question of how they might affect the development of collective litigation in Latin America.","PeriodicalId":179504,"journal":{"name":"University of Miami Inter-American law review","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126312300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Yankee Come Back? Occupational Safety and Health Reform in Mexico","authors":"Mark M. Hager","doi":"10.2139/SSRN.288494","DOIUrl":"https://doi.org/10.2139/SSRN.288494","url":null,"abstract":"In the past decade, Mexico has been the site of serious reform in occupational safety and health law. The article aims to describe these reforms, raise questions about their implications, and provide preliminary assessments. It describes the health and safety legal framework, including workplace safety committees, and outlines several possibly beneficial reforms: improved notice-and-comment standard-setting; enhanced penalties; compliance certification by private firms; enhanced employer due process rights in inspection and penalty procedures; and sharpened experience rating for workers' compensation premiums. The article also raises conerns over several aspects of Mexico's post-reform system: weaknesses in whistleblower protection; avoidance of first-infraction penalties; lack of rights to refuse dangerous work, and others.","PeriodicalId":179504,"journal":{"name":"University of Miami Inter-American law review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127350633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Marine Scientific Research","authors":"L. A. Caruso","doi":"10.1017/cbo9781139946261.012","DOIUrl":"https://doi.org/10.1017/cbo9781139946261.012","url":null,"abstract":"","PeriodicalId":179504,"journal":{"name":"University of Miami Inter-American law review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125429153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}