Convention and Statute on the Régime of Navigable Waterways of International Concern

In 1921- Haiti was a signing state to the Convention and Statute on the Régime of Navigable Waterways of International Concern.

Multilateral treaties (such as this one) formerly deposited with the Secretary-General of the League of Nations, by virtue of General Assembly resolution 24 (I) of 12 February 1946, and of a League of Nations Assembly resolution of 18 April 1946 (League of Nations, Official Journal, Special Supplement No. 194, p. 57) were transferred, upon dissolution of the League of Nations, to the custody of the United Nations.

http://www.internationalwaterlaw.org/documents/intldocs/barcelona_conv.html

 

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International Environmental Law

“International environmental law is an ever-changing, constantly expanding, and intriguing topic for international legal research.

When decisions and collaborations occur between nations across international boundaries and treaties or agreements are made to cooperate for environmental concerns, disputes inevitably transpire because of trade implications for the respective nations, safety concerns and cleanliness of environmental resources among shared borders, or problems with enforcement mechanisms for liability under agreements or treaty provisions relating to the environment.

The vastness of this area of international law includes the environmental sub-issues of :

(1)population,

(2)biodiversity,

(3)global climate change,

(4)ozone depletion,

(5)preserving the Antarctic regions,

(6)movement of toxic and hazardous substances,

(7)land or vessel-based pollution,

(8)dumping,

(9)conservation of marine living resources,

(10)trans-boundary air and water pollution,

(11)desertification, and

(12) nuclear damage, among others. ”

http://www.nyulawglobal.org/globalex/International_Environmental_Legal_Research.html

 

Digicel Files Suit Against U.S. Firm

Digicel, one of Haiti’s most popular telecom providers, recently filed suit against a U.S. corporation, UPM. The relevant facts excerpted from the February 3, 2016 court order are as follows:

Digicel operates telephone switching systems in Miami, Florida, and New York City, New York, that route international calls from third-party providers (such as AT&T and Verizon) to Digicel customers in Haiti. The switching systems use an international gateway that allows Digicel to manage call routing and account for any billing and associated regulatory charges. Under Haitian law, international telephone carriers must charge at least 23 cents per minute for international calls terminating in Haiti. Accordingly, Digicel charges third-party providers at least 23 cents per minute to route international calls to Digicel customers in Haiti. UPM is an Oregon corporation that offers to route international calls to Haiti at lower rates than Digicel. UPM does so by purchasing large quantities of pre-paid Digicel Subscriber Identity Module (“SIM”) cards4 in Haiti, shipping the cards to UPM’s operations in Oregon, and incorporating the cards into a system connected to the internet. Digicel alleges that UPM sends money by international wire to its agents in Haiti for the purchase of Digicel SIM cards. According to Digicel, shipping documents show that agents shipped Digicel SIM cards from Haiti to Oregon, addressed to Defendant Benjamin Sanchez (“Sanchez”), Owner of UPM Marketing and President of UPM Telecom, and Defendant Tyler Allen (“Allen”), who is also affiliated with UPM. Customer forms also show that Defendant Baltazar Ruiz (“Ruiz”), Project Manager of UPM Telecom, shipped computer equipment to Haiti. Digicel asserts that Ruiz provided laptops, internet routers, and generators to co-conspirators in Haiti to facilitate UPM’s operations.

Unigestion Holding, S.A., UPM Technology Inc., No. 3:15-cv-00185-SI, 2016 WL 427068, at *2 (D. Or. filed Feb. 3, 2016). Digicel has alleged that UPM has engaged in about seven different prohibited acts, including the mail and wire fraud predicates to RICO and unjust enrichment. Two of the claims alleged against UPM were dismissed by a district court in Oregon, pursuant to a motion to dismiss filed by Digicel. Five claims remain.

 

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Magdala is a second-year law student at the University of Illinois College of Law. She is the first generation of her family to be born in the United States!

A response to the crisis. . .

Words  from President Jocelerme Privert:

“A large sector has put their trust in me because they believe I can offer up a response to the crisis. My colleagues in the Senate and the Chamber of Deputies believe that my experience in government, my capacity to communicate with everyone in this society, to gather people, are right for this situation that almost ripped this country apart.”

Haiti has a President, for now

“Jocelerme Privert has been appointed the interim President of Haiti, but an official successor to outgoing President Michel Martelly has yet to be appointed”

Trying to keep track of the presidential elections has been a daunting task. But Haiti is not a “slum.” Generalizations such as this thrown at a whole country are not appropriate. Every country has slums. Haiti is not a slum, it is a beautiful country with beautiful people.

Jon Lee Anderson tells us more about the appointment in his article for the New Yorker.

http://www.newyorker.com/news/news-desk/haiti-has-a-president