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What are the legal ramifications for having no home country? and I don’t mean this in the mystifying way exhibited in Games of Thrones character, Arya Stark.

“More than 40,000 people – including several hundred unaccompanied children — have been deported from the Dominican Republic to Haiti between August 2015 and May 2016, according to the International Organization for Migration (IOM) and Haitian civil society organizations.”

 

These deportations have left these persons stateless.

A stateless person is someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – in any country. While some people are de jure or legally stateless persons (meaning they are not recognized as citizens under the laws of any state), many people are de facto or effectively stateless persons (meaning they are not recognized as citizens by any state even if they have a claim to citizenship under the laws of one of more states.)

 

International legal instruments related to statelessness include:

• 1948 Universal Declaration of Human Rights, Article 15

 

• 1954 Convention Relating to the Status of Stateless Persons

• 1961 Convention on the Reduction of Statelessness

• 1966 International Covenant on Civil and Political Rights, Article 24

• 1989 Convention on the Rights of the Child, Article 7

• 1997 European Convention on Nationality

 

The 1954 Convention entered into force on June 6, 1960 provides the definition of a “stateless person” and is the foundation of the international legal framework to address statelessness.

The 1961 Convention is the leading international instrument that sets rules for the conferral and non-withdrawal of citizenship to prevent statelessness.

The Dominican Republic is not a signatory to this treatise and neither is Haiti.

The Documentary: STATELESS IN THE DOMINICAN REPUBLICtells the stories of statelessness in the Dominican Republic and issues along the border of Haiti and the Dominican Republic.

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

 

Low Income Developing Country (LIDC)

MACROECONOMIC DEVELOPMENTS IN LIDCS: 2014 REPORT by the International Monetary Fund examining 11 States, including Haiti.

 

Box 1. Falling Behind

While most LIDCs have recorded sustained growth since 2000, there is a sizeable group of countries (almost one-fifth of the total) that did not record any increase in output per capita over the period.

 

The weak performance occurred across several macro and structural indicators. Over 2000–13, these 11 countries have been less successful in reducing inflation, attracting FDI, developing the financial markets, and improving social indicators, such as the level of educational attainment.

 

A common feature to all countries in the group is that they are fragile states—countries either with very weak institutions or significantly affected by conflict over the period. The role of fragility in hampering growth is easy to understand in countries affected by sustained internal conflict and political instability over an extended period (such as Côte d’Ivoire, Guinea-Bissau, Comoros, and Yemen). Natural disasters, such as the massive 2010 earthquake in Haiti, result in loss of life, can account for sizeable shocks to output, and have persistent effects. Over the long-term, however, weak institutions and recurrent political instability play a key role in explaining Haiti’s weak performance as the poorest country in the Western Hemisphere. But a review of the country listing shows that bad policy choices, unlinked to fragility, can also produce income contraction over time, as in Zimbabwe (which experienced hyperinflation) and Eritrea (a tightly regulated/controlled economy).

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1 In terms of total GDP growth, all 11 countries had average growth rates in the bottom quartile of the LIDC group (less than 3.5 percent).

The Time to Act is Now: Drone Delivery Systems in Haiti and Lessons from the Developing World

In light of recent discussions over the cholera epidemic and a pending class action law suit against the U.N. for “bringing cholera to Haiti,” this necessitates a discussion of preventative measures. More specifically, the use of drones in healthcare, and how they could have helped to lessen the blow dealt to the people of Haiti, almost 10,000 – but likely more – that have died due to the cholera epidemic since 2010.

According to the BBC, drones, also known as unmanned aerial vehicles (“UAVs”), are often “used in situations where manned flight is considered too risky or difficult.” More generally, these agents have been used more frequently in combat offensives, often to target specific individuals with deadly fire or for the purpose of gaining intelligence on opposition forces. Commercially, drones have also caught the eye of companies like Amazon and Uber that have shown interest in using drone technology.

In the healthcare context, drones might be considered an untapped resource. This, however, is being addressed by the United Nations Children’s Fund (“UNICEF”) and the Malawi government to help streamline the often slow wait times and lack of medical supplies necessary to conduct HIV testing. Similarly, another African nation, Rwanda, has a similar program meant to remedy the issues with getting medical supplies to remote areas where infrastructure is not fully developed. Furthermore, the costs associated with drone delivery are relatively low; “[t]he UN agency is spending up to $1.5-million (U.S.) annually on the delivery of HIV blood samples in Malawi. The drones, by contrast, cost only a few thousand dollars each, and operating costs are low because they are battery-powered.”

Looking back to Haiti and the cholera epidemic, seemingly the moment to act is now. A program that uses drone technology to diagnose and ship medical supplies to the ill will be no doubt a large improvement to the status quo. Many areas of Haiti still are considered remote. More specifically, many roads leading out of the capital are not developed, making travel to a medical facility often an arduous task. For example, some healthcare practitioners state that:

Drones are likely to enhance healthcare delivery in developing countries and remote or impoverished areas of the U.S. While drones may not drop packages at the entrances of Chicago high-rises, unmanned aerial vehicles (UAVs) have delivered supplies to earthquake victims in Haiti and to places like Papua New Guinea.  Mayo Clinic predicts increased use of drones to transport blood products and drugs in response to mass casualty incidents and critical access hospital needs. Consider the benefits of drone-delivered defibrillators, organs, medications and medical supplies.

Thus, though the use of drones might bring up issues in the future regarding patient privacy, in the short-term,  there is hope that drone delivery systems could be instrumental in saving lives.

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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!

Contracts for the International Sale of Goods (CISG)

The United Nations Commission on International Trade Law (UNCITRAL) provides information on the United Nations Convention on Contracts for the International Sale of Goods (CISG). CISG was opened for signature at the concluding meeting of the Conference which took place in Vienna, Austria on April 11, 1980. Since that time, 84 states are parties to the CISG.

The CISG applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State.

The CISG can apply automatically to your transactions with foreign buyers or suppliers of raw materials, commodities and manufactured goods.

This is because the CISG is a self-executing treaty.

 

Haiti has not yet accented to the CISG.