scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss

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.

Author(s):  
Zelideth María Rivas

Representations of Asians in Latin America and the Caribbean have been caught in the fissures of history, in part because their presence ambivalently affirms, depends upon, and simultaneously denies dominant narratives of race. While these populations are often stereotyped and mislabed as chino, Latin American countries have also made them into symbols of kinship and citizenship by providing a connection to Asia as a source of economic and political power. Yet, their presence highlights a rupture in nationalistic ideas of race that emphasize the European, African, and indigenous. Historically, Asian Latin American and Caribbean literary and cultural representations began during the Manila-Acapulco Galleon Trade (1565–1815) with depictions of Chinese, Japanese, and Filipino slaves and galleon laborers. Soon after, Indian and Chinese laborers were in demand as coolie trafficking became prevalent throughout Latin America and the Caribbean. Toward the end of the 19th century, Latin American and Caribbean countries began to establish political ties with Asia, ushering in Asian immigrants as a replacement labor force for African slaves. By the beginning of World War II, first- and second-generation immigrants recorded their experiences in poetry, short stories, and memoirs, often in their native languages. World War II disrupted Asian diplomacy with Latin America, and Caribbean and Latin American countries enacted laws that ostracized and deported Japanese immigrants. World War II also marked a change for Asian immigrants to Latin America and the Caribbean: they shifted from temporary to permanent immigrants. Here, authors depicted myriad aspects of their identities—language and citizenship, race, and sexuality—in their birth languages. In other words, late 20th century and early 21st century literature highlights the communities as Latin American and Caribbean. Finally, the presence of Asians in Latin America and the Caribbean has influenced Latin American and Caribbean literature and cultural production, highlighting them as characters and their cultures as themes. Most importantly, however, Latin American modernism emerged from a Latin American orientalism that differs from a European orientalism.


1965 ◽  
Vol 19 (3) ◽  
pp. 714-727
Author(s):  
Bryce Wood ◽  
Minerva Morales M.

When the governments of the Latin American states were taking part in the negotiations leading to the founding of the UN, they could hardly have done so with nostalgic memories of the League of Nations. The League had provided no protection to the Caribbean countries from interventions by the United States, and, largely because of United States protests, it did not consider the Tacna-Arica and Costa Rica-Panama disputes in the early 1920's. Furthermore, Mexico had not been invited to join; Brazil withdrew in 1926; and Argentina and Peru took little part in League affairs. The organization was regarded as being run mainly for the benefit of European states with the aid of what Latin Americans called an “international bureaucracy,” in which citizens from the southern hemisphere played minor roles. The United States was, of course, not a member, and both the reference to the Monroe Doctrine by name in Article 21 of the Covenant and the organization's practice of shunning any attempt to interfere in inter-American affairs against the wishes of the United States made the League in its first decade a remote and inefficacious institution to countries that were seriously concerned about domination by Washington.


1991 ◽  
Vol 33 (2) ◽  
pp. 53-80 ◽  
Author(s):  
Andres Serbin

In 1990, the relationship between the states of the Caribbean Community (CARICOM) and the Latin American states of the Caribbean Basin seemed to have entered a new phase characterized by movement toward convergence, rapprochement, and initiatives of horizontal cooperation. This situation contrasts sharply with a past marked by persistent tensions and divergent views, rooted in legacies dating from colonial times of mutually disqualifying ethno-historical perceptions and boundary disputes and marked by frequent differences within the context of international organizations (Serbín, 1989a, 1989b, 1990d; Serbín and Bryan, 1990).


2003 ◽  
Vol 16 (2) ◽  
pp. 331-366 ◽  
Author(s):  
HUGO RELVA

The implementation of the provisions of treaties and conventions is a duty arising from conventional and customary international law. In the case of the Rome Statute this duty is implied, since only by fulfilling it will states be able properly to comply with the obligation of complementarity. Moreover, the entire Statute is based on the assumption that states parties will in most cases be able and willing to investigate and prosecute crimes. Implementing the Rome Statute in Latin America is complicated by gaps existing in domestic legislation and the special characteristics of the legislation of civil law states.


2019 ◽  
Vol 21 (4) ◽  
pp. 907-914
Author(s):  
M. I. Garbart

The article covers the fundamentals of Chinese "soft power" in Latin America. "Soft power" now takes an important place in Chinese foreign strategy, both the international level and in Latin America. The author describes the main features of international relations between China and Latin-American countries. The paper focuses on the main sources of formation of positive image of China in the region. The study revealed that Chinese "soft power" has significantly strengthened in the region in recent years. At the same time, the author notes that it is still much weaker than that of the USA. In modern conditions, Chinese government is likely to seek more active application of new forms of international cooperation, promotion of "soft power" being one of them. The methodology of the research was based on the systematic approach, which means considering Chinese "soft power" as a part of the whole foreign policy of China. Theoretical and practical relevance of the study consists in that fact that it creates a basis for further research on this issue. The results can be used to forecast the development of Chinese foreign policy strategy, as well as to study the complex of relations between China and Latin American states.


Author(s):  
Walter Arévalo Ramírez

Abstract This article analyses the growing resistance to judgments of the International Court of Justice arising out of domestic law in Latin America, through a study of challenges to the authority of the Court’s judgments regarding territorial and maritime delimitation in the region. These challenges are based upon the ‘territory clauses’ found in many Latin American constitutions, which were used to set national boundaries following colonial independence. Territory clauses that once developed international law doctrines such as uti possidetis iuris are now being used against prevailing international law rules, in a process described in this article as ‘constitutional resistance’. This article explains the nature of ‘territory clauses’ in Latin America, i.e., clauses that constitutionally define the national territory in reference to international law. It then describes the process of ‘constitutional resistance’, by which local authorities have used these clauses to oppose ICJ judgments, leading to various results, such as non-appearance in further proceedings, constitutionalizing exclusively favourable judgments, deferring the implementation of a judgment to the Constitutional Court or implementing only certain ICJ judgments, while creating legal barriers to the implementation of judgments that, in the State’s view, negatively affect their territory. These challenges based on territory clauses are studied through prominent ICJ cases involving Nicaragua, Honduras, El Salvador, and Colombia. The article also explores how the lack of a strong territory clause eased the implementation of the Peru v. Chile judgment, and how the recent non-appearance of Venezuela in its current ICJ proceedings with Guyana, is partly based on constitutional justifications.


Author(s):  
Leonardo Gasparini ◽  
Pablo Glüzmann

This article takes advantage of a new source of information, the 2006 Gallup World Poll, to estimate and characterize income poverty and inequality in Latin America and the Caribbean (LAC) at the country level, and to compare LAC with other regions in the world. The Gallup survey has the advantage of being conducted in over 130 nations with almost the same questionnaire; it stands as a complement to national household surveys for international comparison purposes. Our results confirm that Latin American countries are among the most unequal in the world, but we also find, considered as a single unit, Latin America is less unequal than other regions.


2015 ◽  
Vol 14 (3) ◽  
pp. 371-391
Author(s):  
Matthias Packeiser

The present study deals with the question of whether Latin American states turned towards adjudication and away from arbitration at the beginning of the 20th century. Little has been researched concerning the reasons why Latin American states had a friendly attitude towards this instrument to settle international disputes. This article shall endeavour to find out more about why this was the case. The research focuses on an analysis of the conduct of Latin American countries at the Second Hague Peace Conference and at the Washington Conference (both in 1907). Ensuing developments are taken into consideration as well in order to arrive at the following conclusion: Although the idea of international adjudication was very well received by the Latin American states, and although they were the first to introduce a regional international court of law, they did not turn away from arbitration but continued to use it – in particular in inter-American relations.


1981 ◽  
Vol 35 (1) ◽  
pp. 103-134 ◽  
Author(s):  
John R. Redick

The regime established by the Treaty of Tlatelolco is supportive of peace and security in the Latin American region and global nonproliferation efforts. Circumstances leading to the creation of the nuclear-weapon-free zone include careful preparations and negotiations, individual leadership, existence of certain shared cultural and legal traditions of Latin American countries, and the temporary stimulus of the Cuban missile crisis. Lack of overt superpower pressure on Latin America, compared with more turbulent regions, has permitted continued progress toward full realization of the zone. Tlatelolco's negotiating process, as well as the substance of the Treaty, deserve careful consideration relative to other areas.The Treaty enjoys wide international approval, but full support by certain Latin American States (Argentina, Brazil, Chile, Cuba) has been negatively affected by the failure of the U.S. Senate to ratify Tlatelolco's Protocol I. Nuclear programs of Argentina, Brazil, and Mexico are expanding rapidly and these nations are forming linkages with West European countries, rather than the United States. The May 1980 Argentine-Brazilian nuclear agreement foresees significant cooperation between the two nation's nuclear energy commissions and more coordinated resistance to the nuclear supplier countries. Argentine-Brazilian nuclear convergence—and the response accorded to it by the United States will have significant implications for the future of the Tlatelolco regime and nonproliferation in Latin America.


2019 ◽  
Author(s):  
Gibran Cruz-Martinez

There is an ongoing debate between focalization and universalization on welfare policies as the best way to develop the welfare state in Latin America and the Caribbean. However, there is a need to develop a measure that exhibits the multidimensional nature of the welfare state, instead of focusing on the social spending dimension. Segura-Ubiergo (The political economy of the welfare state in Latin America: globalization, democracy and development. Cambridge University Press, New York, 2007) constructed a welfare effort index (WEI) to facilitate understand the relative degrees of welfare state development among Latin American countries. The WEI focuses mainly on social spending and ignores the other dimensions of welfare. Based on a comparative analysis of 17 Latin American countries and following the methodology of Segura-Ubiergo, a new index that aims at enriching the WEI was constructed. The new index is multidimensional in that it has eight indicators relating to three dimensions of welfare: social spending, coverage of welfare programs and outcome of welfare institutions. Principal component analysis was used for reducing the indicators into three indexes that represent three proposed dimensions of welfare. The combination of these three indexes gives the multidimensional welfare index. The results of the index account for more than 75 % of the data variance.


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