Category: HESA LAW JOURNAL

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently Read More …

In this article, four authors with varying perspectives debate various approaches to reforming the legal profession in Russia. We start out with a short introduction to the legal profession in Russia today, set out the reform that is currently proposed by the Russian government and then present three perspectives on this reform. Two of us Read More …

This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to Read More …

This Note examines the development of judicial interpretation of the noncommercial torts exception, section 1605(a)(5) of the Foreign Sovereign Immunities Act of 1976 (FSIA), in United States law. The Note first traces the historical development of the doctrine of sovereign immunity to its statutory codification. Next, it identifies trends in the interpretation of the torts Read More …

This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court’s interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement Read More …

Part I of this Article reviews the position of these administrative agencies and of the courts that have agreed with them. Part II discusses the contrary position of the majority of the circuit courts. Part III examines the international law bases of the relevant statutory language. It will be demonstrated that legislative history, United States Read More …

In September 1969, the United States and the Congress of Micronesia’s Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues Read More …

The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party Read More …

Demonstrates that the Warsaw Convention, properly interpreted, creates a liability limitation which is legal and not contractual. The Convention’s limits apply, by its terms, to any cause of action arising out of injury in international air transportation regardless of whether it is founded in contract or in tort or in any other manner. Mark S. Read More …

The Independent Lawyers’ Association of Myanmar (ILAM) is an attempt to create an independent national bar association within Myanmar. ILAM is a product of efforts by international entities such as the International Bar Association (IBA) and domestic lawyers throughout Myanmar to form a nation-wide bar association that follows international ideas regarding a legal profession independent Read More …