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Luz Estella Nagle, Colombia’s Raid into Ecuador Sparks International Debate on the Bush Doctrine, Hot Pursuit, and Preemptive Self-Defense, 24 Int'l Enforcement L. Reporter 188 (2008)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, On Armed Conflict, Human Rights, and Preserving the Rule of Law in Latin America, 27 Penn St. Int'l L. Rev. 1 (2008)Clicking on the button will copy the full recommended citation.
The rule of law in Latin America is under great stress due to ongoing internal armed conflict, the proliferation of criminal gangs and international crime organizations, the presence of international terrorist cells in the region, government corruption, citizens’ loss of faith in their governments, and other social and political factors all conspire to cast the Latin American world into a region of transborder conflict, lawlessness, and long term political and social instability.
This article examines the impact on the rule of law in Latin America from internal armed conflict and its attendant terrorism and human rights violations committed by state and non-state actors, and what steps must be undertaken to stabilize the region, reform vital government and legal institutions, and reaffirm that protection of human rights and respect for the rule of law are paramount to long-term development and regional security.
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Luz Estella Nagle, Process Issues of Colombia’s New Accusatory System, 14 Sw. J.L. & Trade Americas 233 (2008)Clicking on the button will copy the full recommended citation.
Colombia has been among the Latin American states to have an accusatory criminal justice system imposed upon its judiciary by the United States. But the exportation of the Anglo-American accusatory system to supplant the centuries-old inquisitorial system has not achieved the intended results, such that now a confusing and disorganized hybrid system is in place that creates far more problems than the transition was meant to resolve. This article presents a critical look at the reform agenda Colombia was forced into accepting and explains why the Colombian judiciary and criminal justice system remain inefficient and in significant disarray.
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Luz Estella Nagle, Criminal Gangs in Latin America: The Next Great Threat to Regional Security and Stability?, 14 Texas Hispanic J.L. & Pol'y 7 (2008)Clicking on the button will copy the full recommended citation.
United States immigration and deportation policy is broken with regard to the removal of violent youth gang members from the United States to their nations of origin. The result is that Central America is quickly becoming a lawless region of our hemisphere as gangs known as Mara Salvatrucha (collectively mareros) struggle among themselves and against weak and failing governments to gain control of vast territory and resources in which to carry out criminal conspiracies and terrorist activities that threaten the national and regional security throughout the Americas.
This article examines the origins of marero gangs, the policies in the United States and Central American states to cope with the growth of the mareros, and the implications of what may realistically occur if the gangs are allowed to continue growing and spreading lawlessness throughout regions of the Americas critical to United States interests in the hemisphere.
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Luz Estella Nagle, Selling Souls: The Effect of Globalization on Human Trafficking and Forced Servitude, 26 Wis. Int'l L.J. 131 (2008)Clicking on the button will copy the full recommended citation.
Globalization and regional integration have contributed to human trafficking becoming the fastest growing and the third most widespread criminal enterprise in the world after drugs and weapons trafficking. The rush to integrate trading blocs and to compete in the international marketplace has led unscrupulous entrepreneurs and international criminal organizations to create a supply chain of men, women, and children for exploitation in agriculture, manufacturing, services industries, construction, and worst of all, sexual servitude in the sex tourism industry. The crimes perpetrated by human traffickers constitute egregious human rights abuses and crimes against international law. This article examines the nexus between globalization and human trafficking, why human trafficking is growing at a alarming rate worldwide, and what can be done by nation states to control and stop this most insidious international crime.
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Luz Estella Nagle, Algunos aspectos sobre la lucha contra el crimen organizado internacional en América Latina, 75 Revista Jurdica Universidad de Puerto Rico 59 (2007)Clicking on the button will copy the full recommended citation.
A pesar de mucho discurso, del esfuerzo y la promulgacion de mecanismos multilaterales y domesticos, la falta de voluntad politica, la carencia de cooperacion en la investigacion y la ausencia de enjuiciamiento o extradicion de dichos grupos, han provocado que se enfrente hoy una situacion donde el crimen organizado resulta abrumador para las democracias del continente y es el sosten principal de muchas economias locales en la region.
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Luz Estella Nagle, Impact of Globalization on Human Trafficking: An Era of Globalized Servitude, in Human Development Initiatives for HDI's 10th Anniversary Conference & Lecture (May 11, 2007)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Corruption and the Rule of Law, (unpublished) (2007)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Prosecuting the Use of Antipersonnel Mines by Illegal Armed Groups: The Colombia Situation, 8 Or. Rev. Int'l L. 231 (2006)Clicking on the button will copy the full recommended citation.
Colombia is among the most heavily mined nations in the world. The mines are deployed by illegal armed groups waging an internal armed conflict against the Colombian state going back many decades. Many of the mines are of Eastern European origin or improvised explosive devices, and poor documentation by the offending groups on where land mines are deployed has created a situation throughout Colombian territory where innocent civilians and livestock wander into unmarked or forgotten minefields and detonate the devices. This article examines the problem of landmines in Colombia and the challenges of holding illegal armed groups responsible for the deployment of deadly “silent sentinels.”
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Luz Estella Nagle, The Rule of Law in Latin America, in Proceedings of the Midwest Association of Latin American Studies (July 1, 2006)Clicking on the button will copy the full recommended citation.