Houston Journal of International Law

This journal publishes articles in international and comparative law, including international business, finance, torts, crime and human rights.

Articles from Vol. 19, No. 3, Spring

Allocating Legislative Competence in the Americas: The Early Experience under NAFTA and the Challenge of Hemispheric Integration
I. Introduction In June 1995, the late Ron Brown, Secretary of Commerce, and Mickey Kantor, U.S. Trade Representative, hosted the historic Hemispheric Trade Summit in Denver, Colorado.(1) This meeting brought together the trade ministers of...
Defending Democracy through Foreign Intervention
I. Introduction [A] great principle is spreading across the world like wildfire. That principle, as we all know, is the revolutionary idea that the people, not governments, are sovereign. This principle has, in [the last] decade,. . . acquired...
Foreword: National Sovereignty and Globalization
I. Introduction Sovereignty has always been a concept of great controversy and debate by jurists and scholars of law and political sciences. That is due, to a large extent, to the different meanings of this concept (a frequent phenomenon in...
Free Trade in the Americas: A Perspective from the Organization of American States
I. Introduction Momentum is building towards the creation of a Free Trade Area of the Americas (FTAA). That much appears to be undeniable. What is more uncertain, and therefore stimulates much speculative debate, is the final structure that...
Health Care for Illegal Aliens: Why It Is a Necessity
I. INTRODUCTION The United States is presently experiencing growing restrictionist attitudes toward immigration and illegal aliens.(1) American citizens are becoming furious over what they perceive as a drainage of public funds being used to...
Insuring a Brighter Future: The Emerging System of Russian Insurance Law
I. Introduction When the Soviet Union disbanded in 1991,(1) Russia and the other former Soviet republics replaced a seventy-year-old political structure with an organization of several autonomous nations loosely joined in the Confederation of...
International Law and National Sovereignty: The NAFTA and the Claims of Mexican Jurisdiction
I. The Disillusionment of the Dialogue The new international economic order is not a widespread concept in the political language of the 1990s. Today's language is far removed from the statements uttered a quarter century ago. Our contemporary...
International Law and the Protection of Human Rights in the Inter-American System
I. Introduction The effectiveness of an intergovernmental human rights mechanism can be analyzed from a number of different angles. First, using a practical approach, one could ask how many lives have been saved, how many prisoners and detainees...
Military Might versus Sovereign Right: The Kidnapping of Dr. Humberto Alvarez-Machain and the Resulting Fallout
I. Introduction On February 7, 1985, U.S. Drug Enforcement Agent (DEA) Enrique "Kiki" Camarena was kidnapped outside the U.S. Consulate in Guadalajara, Mexico.(2) Camarena was assigned to the region to combat drug trafficking and had successfully...
NAFTA's Regime for Intellectual Property: In the Mainstream of Public International Law
I. INTRODUCTION In this Decade of International Law,(1) economic integration is undoubtedly the greatest achievement of global and regional communities. New institutions -- particularly the World Trade Organization (WTO);(2) the North American...
Reconceptualizing Sovereignty in the Americas: Historical Precursors and Current Practices
I. INTRODUCTION The Americas in the 1990s are witnessing a gradual, possibly irreversible, transformation of sovereignty on the issues of human rights and democracy.(1) In this essay, I discuss this transformation and reconceptualization of...
Strengthening Core Values in the Americas: Regional Commitment to Democracy and the Protection of Human Rights
I. Introduction In discussions concerning national sovereignty during this age of regional integration, it is often asserted that, since the end of the Cold War, the Inter-American system has been strengthened by common values such as the importance...
The European Controversy over Genetic-Engineering Patents
I. Introduction While the United States has strengthened its global position as a provider of technology through industry-friendly patent policies, Europe has settled for being a mere recipient of technology.(1) This has become especially true...
The IMF and the Liberalization of Capital Markets
I. Introduction What place would be more fitting than Mexico City to reflect on the International Monetary Fund's (the Fund) role in the liberalization of capital markets? The 1994-95 Mexican external debt crisis required an unprecedented amount...
The Impact of Globalization on the Reform of the State and the Law in Latin America
I. Introduction Globalization is, without any doubt, one of the fashionable topics today. We can observe daily its most visible manifestations and consequences -- for example, in the consumption of goods and services, including information....
The Impact of International Trade Agreements in the Legal Systems of the American Continent
I. Introduction This article explores the impact of international trade law on the legal systems of the American continent, particularly those of Latin America. My principal argument is that formal legal systems and culture, in general, are...
The International Observation of Electoral Processes: The Mexican Experience in 1994
I. Background Since 1988, Mexican elections have ceased to be predictable events. From a national perspective, the emergence of powerful opposition groups in the 1988 federal elections did not signify the emergence of this new electoral competitiveness....