Category: HESA LAW JOURNAL

The United States and New Zealand, two democratic and progressive nations, rely heavily on incarceration structures plagued with institutional racism as their primary form of justice. Several international standards, most notably the United Nations Standard Minimum Rules for Non-Custodial Measures, advocate for more contextinclusive justice systems that focus on the social and economic factors that Read More …

Stories of Cuban athletes leaving the communist isle for the capitalist pastures of the United States read like a movie script. World-class Cuban baseball players, in pursuit of a better life, have allegedly been “kidnapped, held hostage, forced to sign binding documents at gun- and knifepoint, threatened with mutilation and terrorized by those from some Read More …

Solomon Islands lawyers may soon be subject to a profoundly new regime governing their practice and their professional bodies. This Article reports on the context and progress of the proposed reforms, as well as considering what might be its benefits and draw backs Francesca Bartlett

Turkey is a country approximately twice the size of Montana,1 uniquely situated between Europe and Asia. Throughout its history, Turkey has acted as both a barrier and a bridge to the peoples in the Balkans, Caucasus, Middle East, and the eastern Mediterranean regions Tyler J. Smith

This Article is the first ever to analyze a direct clash between the inherent power of US courts regarding the enforcement of judgments and the obligations of the United States as one of the 163 member countries of the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, commonly Read More …

Carbon taxation has been the topic of academic and political discussions for quite some time.1 With the exception of some Northern European countries, far too few states or nations have adopted taxation in amounts likely to impact climate change mitigation positively Myanna Dellinger

Over the last few years, scholars have argued that civilian mental harm should be taken into consideration as a measure in the realms of targeting decision and have proceeded to define such civilian mental harm as associated with post-traumatic stress disorder (PTSD) or brain injuries. Yet, nothing has been said on the need for civilian Read More …

“National security”1: that was the reason given by the United States to dismiss the cases against the government and officials involved in the Central Intelligence Agency’s (CIA’s) Rendition, Detention, and Interrogation program (CIA Torture Program).2 This program involved the CIA sweeping up terror suspects Margaret Myaskovskaya

In US refugee policy, and foreign affairs in general, the Executive branch has an enlarged role in determining the law. While there are concurrent US constitutional powers between the Executive and Congress in foreign affairs, often, the US Supreme Court abdicates to the Executive. In particular, Sale v. Haitian Centers Council, Inc. highlights this division Read More …

The recently adopted BBNJ Agreement creates a multilateral framework for the establishment of Area-Based Management Tools (ABMTs) in marine areas beyond national jurisdiction. Part of the process for establishing ABMTs under the new Agreement is the consultation of non-State actors (NSAs). Charlotte Verdon