Category: HESA LAW JOURNAL

This article explores the idea that, at the time of publication, despite several centuries of development, there was no settled conception of international law, whether there was “international law” and if there was, what were its essential characteristics. The author starts with the assertion that international law resembles a municipal legal system, insofar as its Read More …

Section I of this Note analyzes the cases in which the Commission and the Court of Justice have implied a doctrine of economic unity and argues that this economic unity exemption to the prohibitions of article 85 may indeed be a limited one. Section II sets forth the theoretical and practical difficulties that such a Read More …

This article explores how Japan, the Soviet Union, and the United States, at the time of publication, had used international law to justify political decisions. James P. Eyster, II

Ferdinand Marcos was twice elected President of the Philippines: in 1965, and again in 1969. His nomination for’a third term would have been barred under the Philippine Constitution, which prohibits a President serving more than eight consecutive years. In September 1972, fourteen months before his second and final term of office was due to expire, Read More …

In recent years, an increasing number of democratic states, including fully consolidated, long-standing democratic states, have adopted laws that impose new restrictions on the ability of civil society organizations (CSOs) to operate autonomous from government control, a phenomenon that is unsurprising in authoritarian contexts, but perplexing in democratic ones. This Article explores this curious phenomenon, Read More …

Focuses on the protections afforded by the fourth and fifth amendments to aliens prosecuted in the United States for crimes they have committed abroad. Bruce Bryan

This note argues that the United States policy, as exhibited by the Launch Act, and the intent of the Moon Treaty are not mutually exclusive. Part I of this Note examines the history of the Moon Treaty. Part II examines the current United States policy regarding private enterprise in outer space in light of the Read More …

THE CHALLENGE OF BUILDING AN INTER COMMUNAL RULE OF LAW IN HELEN HUNT JACKSON’S RAMONA Chimène Keitner

Examines what avenues are open to establish a legal procedure to ensure compensation for parties injured as the result of accidents caused by offshore drilling rigs. Concludes that there is a need to impose strict liability standard on those parties engaged in offshore drilling for damages caused by such activities. Kevin T. Hoffman

Compares the application of EEC competition laws and U.S. antitrust laws to exclusive distribution agreements, and noting an interesting development in the two systems. Article analyzes Continental T.V., Inc. v. GTE Sylvania Inc. and concludes it introduced the rule of reason to the U.S. approach for analyzing all nonprice vertical restrictions, but did not provide Read More …