scholarly journals Aliens in Latin America: Intervention, Arbitration and State Responsibility for Rebels

2018 ◽  
Vol 31 (3) ◽  
pp. 617-639
Author(s):  
KATHRYN GREENMAN
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
International Law ◽  
Latin American ◽  
Foreign Investment ◽  
Use Of Force ◽  
State Responsibility ◽  
New Imperialism ◽  
Economic Imperialism ◽  
Trade And Investment

AbstractOver the course of the nineteenth century, the question of state responsibility for injuries done by rebels to foreign nationals, or ‘aliens’, in its territory became an important one for international law. Initially, it was common for disputes regarding such responsibility to be resolved through diplomacy, backed up, not infrequently, by the threat and even the use of force. Later it became a matter which also led increasingly to arbitration; beginning around the middle of the nineteenth century a growing number of arbitral tribunals dealt with claims against states for injuries done to aliens by rebels. From the first, established in 1839, there followed a series of 40 mixed claims commissions which touched on state responsibility for rebels. Nearly three-quarters of these arbitrations involved a Western state against one of the new Latin American republics. In this article, I explore how intervention in Latin America, and particularly its turn to arbitration, produced the highly-contested doctrine of state responsibility for rebels. Reading this history in the context of decolonization, capitalist expansion and economic imperialism in Latin America, I argue that the doctrine of state responsibility for rebels was produced out of and used to manage the transition from old colonialism to new imperialism in the region so as to guarantee foreign trade and investment. Understanding this history, I argue, helps us to put back together the pieces of alien protection which fragmented after 1945 and illuminates how international law continues to protect foreign investment against rebels in the decolonized world.

Common Interests of Humankind and the International Regulation of the Use of Force

2018 ◽  
Author(s):  
Enzo Cannizzaro
Keyword(s):  
International Law ◽  
Use Of Force ◽  
State Responsibility ◽  
International Regulation ◽  
Philosophical Foundations ◽  
Un Security Council ◽  
Common Interests ◽  
The Law ◽  
Mere Existence ◽  
Further Development

The chapter discusses the philosophical foundations of the current regulation of the use of force. The chapter argues that, in correspondence with the emergence of a sphere of substantive rules protecting common interests of humankind, international law is also gradually developing a system of protection against egregious breaches of these interests. This conclusion is reached through an analysis of the law and practice governing the action of the UN Security Council as well as the law of state responsibility concerning individual and collective reactions to serious breaches of common interests. This system is based on positive obligations imposed upon individual states as well as UN organs, and it appears to be still rudimentary and inefficient. However, the chapter suggests that the mere existence of this system, these shortcomings notwithstanding, has the effect of promoting the further development of the law in search for more appropriate mechanisms of protection.

Notes on Emerson in Latin America

PMLA ◽  
1961 ◽  
Vol 76 (3) ◽  
pp. 227-232 ◽  
Author(s):  
John E. Englekirk
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Latin America ◽  
Latin American ◽  
Extended Treatment ◽  
Growing Body ◽  
Fiction Writers ◽  
Literary Relations ◽  
History Of ◽  
Good Coverage

A number of chapters—some definitive, others suggestive—have already appeared to afford us a clearer picture of the reception of United States writers and writings in Latin America. Studies on Franklin, Poe, Longfellow, and Whitman provide reasonably good coverage on major representative figures of our earlier literary years. There are other nineteenth-century writers, however, who deserve more extended treatment than that given in the summary and bibliographical studies available to date. A growing body of data may soon make possible the addition of several significant chapters with which to round out this period in the history of inter-American literary relations. Bryant and Dickinson will be the only poets to call for any specific attention. Fiction writers will prove more numerous. Irving, Cooper, Hawthorne, Hearn, Hart, Melville, and Twain will figure in varying degrees of prominence. Of these, some like Irving and Cooper early captured the Latin American imagination; others like Hawthorne, and particularly Melville, were to remain virtually unknown until our day. Paine and Prescott and Mann will represent yet other facets of American letters and thought.

scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Legal Aspect ◽  
Maritime Piracy ◽  
American States ◽  
The Caribbean ◽  
Domestic Law ◽  
Modern Era ◽  
Latin American Countries

Maritime piracy is an activity that was considered defunct long ago and that Latin American countries experience it again in the 21st century. Since 2016 the number of attacks has increased dramatically involving armed robbery, kidnapping and massacre. Modern day piracy has nothing to do with the romantic illusion of the pirates of the Caribbean, this phenomenon is associated with the governmental, social or economic crisis of a state. When it appears, we can make further conclusions regarding the general conditions of the society in these states. But do these attacks really constitute piracy under international law? Does Latin American piracy have unique features that are different from piracy in the rest of the world? The study attempts to answer the questions why piracy matters in Latin America and how it relates to drug trafficking and terrorism. Apart from that, the study presents a legal aspect comparing the regulation of international law to domestic law, especially to the national law of Latin American states.

Infrastructure

2020 ◽  
pp. 181-197
Author(s):  
Nicola Miller
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
Latin American ◽  
Free Market ◽  
Late Nineteenth Century ◽  
Common Belief ◽  
Infrastructure Projects ◽  
Role Of The State ◽  
History Of ◽  
Latin American Countries

This chapter recounts the Latin American countries that welcomed foreign innovation and expertise for technically demanding infrastructure projects. It mentions how the American continent's first railways were built by Spanish American engineers under contract to the respective states, contrary to the common belief that British or US American companies always led the way. It also focuses on the visibility and intensity of public concern about the relationship between science and sovereignty in late nineteenth-century Latin America. The chapter reviews the overlooked history of resistance in Latin American countries on handing over infrastructure projects to private companies, especially if they were foreign owned. It disputes conceptions of the role of the state and provides further evidence for the argument that free-market liberals did not have their own way in nineteenth-century Latin America.

Introduction

2021 ◽  
pp. 1-4
Author(s):  
Luis Roniger
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
Latin American ◽  
Transnational Migration ◽  
Dynamic Character ◽  
Nation States ◽  
Latin American Development

The introduction addresses the idea of “Latin America” as a constructed concept of transnational and comparative significance. It introduces the reader to the dynamic character of regional perspectives, with questions that have grown increasingly complex given the contested nature of borders, increasing globalization, multiculturalism, and transnational migration. Although diversity defines Latin America, supporting comparative approaches within and beyond its fluid boundaries, it is equally important to note the shared geopolitical, sociological, and cultural trends that have shaped a transnational domain of connected histories, recurrent interactions, and continental visions. These transnational trends have emerged time and again, affecting the nation-states that crystallized in the nineteenth century. It is to the analysis of this Janus face of Latin American development that the book’s chapters turn.

Historical and Ideological Lineages of Dissenting Protestantism in Latin America

2019 ◽  
pp. 315-337
Author(s):  
Stephen Dove
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
Latin American ◽  
Rapid Growth ◽  
Religious Pluralism ◽  
Early Twenty ◽  
Late Twentieth ◽  
Small Footprint ◽  
Religious Landscape

Latin America is a region where traditional dissenting institutions and denominations have a relatively small footprint, and yet the ideas of dissenting Protestantism play an important, and expanding, role on the religious landscape. Since the beginning of the nineteenth century, Latin America has transitioned from a region with a de jure Catholic monopoly to one marked by religious pluralism and the disestablishment of religion. In the late-twentieth and early-twenty-first centuries, this transition has been especially marked by the rapid growth of Pentecostalism. This chapter analyses the role of dissenting Protestantism during these two centuries of transition and demonstrates how ideas and missionaries from historical dissenting churches combined with local influences to create a unique version of dissent among Latin American Protestants and Pentecostals.

Regional and Preferential Agreements: The ‘Pacific’ and ‘Atlantic’ Styles in Latin America

2019 ◽  
pp. 623-649
Author(s):  
Rodrigo Polanco Lazo
Keyword(s):  
Latin America ◽  
Latin American ◽  
Economic Integration ◽  
Economic Liberalization ◽  
Important Group ◽  
The Pacific ◽  
Institutional Responses ◽  
Investment Agreements ◽  
Latin American Countries ◽  
Trade And Investment

Nowadays, two fundamentally different institutional responses to global economic liberalization coexist in Latin America: the ‘Atlantic style’ (closer to closed regionalism) and the ‘Pacific style’ (closer to open regionalism). In the context of never-ending efforts of an elusive Latin-American integration, this chapter advances the idea that the Trans-Pacific Partnership (TPP) is at least successful in consolidating a model of economic integration based on preferential trade and investment agreements for an important group of Latin American countries that follow the ‘Pacific’ style. Whereas the Pacific Alliance countries have embraced neoliberal trade and investment agreements actively and expanded their scope of influence, other countries, such as the Bolivarian Alliance, have responded with active counter-organizing but with fading influence in the region. But as often happens in Latin America, these styles are not absolute and being tempered by countries like Argentina that have blends or pragmatist (pick-and-choose) strategies, taking elements from both styles.

The Persistence of Mutual Influence: Europe and Latin America in the 1820s

2011 ◽  
Vol 41 (3) ◽  
pp. 387-396 ◽  
Author(s):  
Matthew Brown ◽  
Gabriel Paquette
Keyword(s):  
Nineteenth Century ◽  
Latin America ◽  
Latin American ◽  
Atlantic World ◽  
Slave Trade ◽  
Mutual Influence ◽  
Cultural Influences ◽  
Colonial Rule ◽  
Old World ◽  
History Of

The independence of Latin America from colonial rule in the first decades of the nineteenth century is generally held to have broken the bonds which had linked Europe to the Americas for three centuries. This article contends that a re-examination of the decade of the 1820s reveals the persistence, as well as the reconfiguration, of connections between the Old World and the New after the dissolution of the Iberian Atlantic monarchies. Some of these multi-faceted connections are introduced and explored, most notably commercial ties, intellectual and cultural influences, immigration, financial obligations, the slave trade and its suppression, and diplomatic negotiations. Recognition and appreciation of these connections has important consequences for our understandings of the history of the Atlantic World, the ‘Age of Revolutions’, and Latin American Independence itself.

Porfirian Commercial Propaganda: Mexico in the World Industrial Expositions

1977 ◽  
Vol 34 (2) ◽  
pp. 230-243 ◽  
Author(s):  
Gene Yeager
Keyword(s):  
Nineteenth Century ◽  
Latin American ◽  
World Trade ◽  
Gilded Age ◽  
The United States ◽  
Late Nineteenth Century ◽  
The World ◽  
Late Nineteenth ◽  
Latin American Countries ◽  
Trade And Investment

Students of late nineteenth century history have long dismissed the world industrial expositions as glittering, but not highly significant reflections of the gilded age. What emerges from the literature of the period, however, is a sense of the overriding commercial importance of these exhibitions. Nineteenth-century observers consistently linked the fairs to the general growth of world trade and to the expanding commercial hegemony of the United States. More specifically, contemporaries agreed that the expositions served to develop trade and investment ties with Latin America. Among the Latin American countries represented in the expositions, Mexico was the most important and consistent participant.

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