Month: August 2024

The Note argues that U.S. courts should consider treatment of an apprehended individual in determining whether to retain jurisdiction. It examines U.S. and international law, and argues that the U.S., in order to comply with international law, must consider the treatment of an apprehended individual. It concludes that the U.S. courts must divest themselves of Read More …

This Note argues that U.S. courts should favor comity in evaluating requests for the transfer of assets. Part I examines the treatment of foreign debtors in U.S. bankruptcy law, prior to and through the development and implementation of the [Bankruptcy] Code. Part II analyzes the conflicting approaches adopted by courts in determining whether to grant Read More …

In Leclerc v. ‘Au ble vert’, the Court of Justice of the European Communities was asked to decide whether national measures imposing resale price maintenance for book could violate Member States’ duties under Article 5 of the Treaty Establishing the European Economic Community in conjunction with Articles 3(f), 85 and 86 thereof. The importance of Read More …

This article discusses the revised Article 7(4) of the European Communities’ Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of Read More …

This Note argues that foreign sovereign defendants should be accorded pro se status in federal courts to contest jurisdiction, subject to the discretion of the court. Part I examines the problems faced by foreign sovereigns being sued in United States federal courts. Part II analyzes pro se representations and the policies underlying limitations on its Read More …

The Note argues that punitive damages should be recovered under the Warsaw Convention in cases of wilful misconduct.The Note traces the history and intentions of the drafters of the Pact, analyzes the legal controversy in the U.S. courts concerning the recoverability of punitive damages in similar cases, and concludes that the threat of punitive damages Read More …

This article discusses the revised Article 7(4) of the European Communities’ Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of Read More …

The Note argues that although the proposal fo a risk-based capital framework is a positive move toward facilitating international cooperation on bank supervisory matters, it may encounter a number of difficulties in implementation. Part I examines the recent internationalization and growing interdependency of the world’s banks as well as the role that Basle Committee plays Read More …

The Note argues that the passive personality principle could be used by all countries in a uniform manner in order to combat modern intl terrorism. It traces the intl community’s gradual acceptance of the principle, analyzes the different ways different countries employ it, argues that instead it should be used in a uniform manner, and Read More …

This article discusses regulation of franchising within the European Community and its effect on competition policy. In part I the author gives a general presentation of the regulation, in part II the author discusses the scope of the regulation, in Part III the author discusses the substantive provisions of the regulation, and in the Conclusion Read More …