Category: HESA LAW JOURNAL

This is an intriguing work, starting from its lengthy title and subtitle, and a very worthwhile one. It is basically a scholarly account of the law and procedure that have developed in the more than three decades since the adoption of the EEC Treaty with regard to the ways in which compliance by the Member Read More …

This Note argues that a bankruptcy court should be able to sell a vessel free of maritime liens without having to refer such a sale to an admiralty court. Part I examines the historical nature of the conflict between admiralty and bankruptcy principles. Part II analyzes the dominant approach, which applies admiralty principles when the Read More …

In this article, the author deals with a number of aspects connected to the theme of access to justice and in so doing refers in particular to the most recent disputes that have been brought before the Court of Justice in Luxembourg. The author argues that there is a need to establish clearly, at the Read More …

In the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control Read More …

That the Constitution contemplates some meaningful role for federal courts in foreign affairs is clear from the text of Article III, which confers jurisdiction over not only cases arising under the Constitution and federal statutes, but also “Cases arising under Treaties made” under the authority of the United States, “Cases affecting Ambassadors, other public Ministers Read More …

This review states that the two volumes, “World Litigation law and Practice” and Unit B ”Europe” are an up-to-date publication and thus a welcomed event. It goes on to explain how the two studies attempt to provide not only details as to the civil procedure of the country concerned, but also information concerning the general Read More …

Historically the profession of lawyers self-regulated their members’ ethics through codes of conduct and disciplinary proceedings. This traditional approach to regulating lawyer performance and behavior has been increasingly subject to scrutiny and criticism. In some countries, consumer advocates and concern for access to justice for clients have combined to produce systems of regulation in which Read More …

International Adjudication presents abundant material, particularly concerning the practice of early mixed claims commissions and tribunals. For that, it is commendable. It may prove significantly helpful for the developing practice of adjudication of claims between states and nationals of other states. Gerhard Wegen

This Note will examine the validity of the Convention’s objective contract approach to defining “international transportation.” Although the Convention’s requirements will be discussed separately, the focus will be upon the ”regulated contract” and the relationship between article 1 and article 3 of the Convention. The need for revising the Convention will be discussed and a Read More …

This Note examines the Government Procurement Code and its impact on United States-Japan trade relations. It begins with a summary of discriminatory procurement practices previously permitted by the United States and Japan, followed by a brief history of the Code. The Note then addresses the Code’s operative mechanisms and its effect on United States and Read More …