A PROPOSED LEGAL FRAMEWORK FOR A COMPREHENSIVE FREE TRADE AND INVESTMENT AGREEMENT BETWEEN CANADA AND THE UNITED STATES

Canada and the United States are each other’s largest commercial partners. Bilateral trade between the two countries, which amounted to well over 110 billion dollars worth of goods and services in 1984, is greater than the United States combined bilateral trade with both Japan and the European Community.’ Furthermore, they are each other’s greatest source Read More …

A PROPOSED FISHERY CONSERVATION AND MANAGEMENT ACT FOR THE REPUBLIC OF CHINA

The Republic of China adhered to a very conservative posture with regard to the law of the sea until long after it could have justifiably adopted a more assertive stance in view of customary state practice. Thus as late as 1979, the Republic of China still adhered to a three-mile limit for its territorial sea, Read More …

A PROPOSAL FOR “REBALANCING” TO DEAL WITH “NATIONAL SECURITY” TRADE RESTRICTIONS

National security and trade policy have frequently intersected, but over the past several years, conflict has grown. After decades of careful avoidance of invoking national security in disputes at the GATT/WTO, there has been a recent proliferation of these cases. And most controversially, the Trump administration has adopted an expansive interpretation of “national security” to Read More …

A PROFESSIONAL PROJECT IN THE SOUTH PACIFIC: REGIONALISM AND REFORMING SOLOMON ISLANDS’ LEGAL PROFESSION

Solomon Islands lawyers may soon be subject to a profoundly new regime governing their practice and their professional bodies. This Article reports on the context and progress of the proposed reforms, as well as considering what might be its benefits and draw backs. As a preliminary matter, it is worth considering why such proposed reforms Read More …

A NEW WORLD ORDER: THE RULE OF LAW, OR THE LAW OF RULERS?

President Trump’s on-going “trade war” with China is symptomatic of broader global changes to the world order that have been evolving for decades. To a large degree, these changes are grounded in the continuum of modern historical and geopolitical trends and a reiteration and possible resuscitation of 19th Century Great Power rivalries. This emerging new Read More …

A LOST GENERATION: SYRIAN REFUGEES AND THE RIGHT TO EDUCATION IN TURKEY

Turkey is a country approximately twice the size of Montana, uniquely situated between Europe and Asia. Throughout its history, Turkey has acted as both a barrier and a bridge to the peoples in the Balkans, Caucasus, Middle East, and the eastern Mediterranean regions. The Treaty of Lausanne, signed in July 1923, officially ended the conflict Read More …

A HARDY CASE MAKES BAD LAW

This Article is the first ever to analyze a direct clash between the inherent power of US courts regarding the enforcement of judgments and the obligations of the United States as one of the 163 member countries of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, commonly Read More …

A CRITIQUE OF PROPOSED AMENDMENTS TO THE IMMIGRATION AND NATIONALITY ACT

Part I of this Note will briefly examine the history of United States immigration policy, highlighting major legislation, to illustrate the increasingly complex and restrictive approach adopted by the United States toward aliens. Part II will focus on the predecessors of the proposed guest worker program, the “Bracero” program and, to a lesser extent, the Read More …

LIMITATIONS OF THE FREEDOM OF HYPERLINKING IN THE FIELDS OF COPYRIGHT LAW, TRADEMARK LAW AND UNFAIR COMPETITION LAW: IS CASE-BY-CASE APPROACH SUFFICIENT?

Although there are no legal regulations in the area of hyperlinking, the issue of the freedom of hyperlinking affect jurisprudence among others in the fields of unfair competition law and intellectual property law. Therefore, there is a need to consider if case-by-case approach is sufficient or special legal regulations in the field of hyperlinking should Read More …