Month: June 2024

This Note will examine three factors that undermine the guarantees of freedom of movement and freedom of establishment. First, the term public policy cannot be precisely defined. Second, European Economic Community (Community) law fails to substantially limit the scope of the public policy exception. Third, the Community legal system is inadequate to prevent or reverse Read More …

This Article first presents a short sketch of the competition rules of the EEC Treaty with a view towards showing not only the cohesive factors but also the asymmetries that characterize the Treaty system. In some respects, the case law of the Court of Justice (Court) has remedied those asymmetries; in others it has exacerbated Read More …

The lack of an effective means of preventing oil pollution of the oceans is largely the result of international legal principles which ensure the free use of oceans. Compounding the problem is the fact that flag of convenience registry effectively insulates from regulatory control most vessels that pollute on the high seas, and results in Read More …

The AM & S Europe judgment by the Court of Justice of the European Union was the first ruling on the principle of confidentiality. Part I will deal with certain facets of the principle of confidentiality, not considered by the Court, in the light of a comparative analysis of the laws of the Member States. Read More …

The recently published Australian Government’s Religious Freedom Review,1 of December 2018, drew attention to a perceived “limited understanding in the general [Australian] community about the human right to religious freedom, its application, and how it interacts with other human rights.”2 This is particularly apparent in the understanding of, and legal implications surrounding, conscience protection.3 Countries Read More …

Prosecutors occupy a special place in American legal ethics scholarship. Their distinct ethical obligation as ministers of justice1 coupled with their troubling ethical failures in practice,2 have inspired cogent analysis and biting criticism.3 For decades American scholars have assessed the existence and consequences of deficiencies in prosecutorial conduct, and proposed solutions to encourage better behavior Read More …

This Note will analyze Lome III’s private investment protection and promotion provisions to determine whether the provisions would actually promote the flow of capital needed by the ACP States to meet their development goals, or whether these provisions merely perpetuate the elements of the historical colonial relationship that persisted under the prior Lome Conventions. Part Read More …

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will Read More …

This Note will focus on the proposed amendment contained in S.1071 that would strengthen prejudgment attachment of foreign assets. Part I will discuss the doctrine of sovereign immunity as it has developed in this country, and its present status in the field of United States international litigation. Part II of the Note will examine the Read More …

Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling. Part III examines the various tribunals and courts that may make a Read More …