Category: HESA LAW JOURNAL

National security and trade policy have frequently intersected, but over the past several years, conflict has grown. After decades of careful avoidance of invoking national security in disputes at the GATT/WTO, there has been a recent proliferation of these cases. And most controversially, the Trump administration has adopted an expansive interpretation of “national security” to 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. As a preliminary matter, it is worth considering why such proposed reforms Read More …

President Trump’s on-going “trade war” with China is symptomatic of broader global changes to the world order that have been evolving for decades. To a large degree, these changes are grounded in the continuum of modern historical and geopolitical trends and a reiteration and possible resuscitation of 19th Century Great Power rivalries. This emerging new Read More …

Turkey is a country approximately twice the size of Montana, 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. The Treaty of Lausanne, signed in July 1923, officially ended the conflict Read More …

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 …

Part I of this Note will briefly examine the history of United States immigration policy, highlighting major legislation, to illustrate the increasingly complex and restrictive approach adopted by the United States toward aliens. Part II will focus on the predecessors of the proposed guest worker program, the “Bracero” program and, to a lesser extent, the Read More …

THE CHALLENGE OF BUILDING AN INTER-COMMUNAL RULE OF LAW IN HELEN HUNT JACKSON’S RAMONA Chimène Keitner UC Hastings College of the Law, keitnerc@uchastings.edu

Although there are no legal regulations in the area of hyperlinking, the issue of the freedom of hyperlinking affect jurisprudence among others in the fields of unfair competition law and intellectual property law. Therefore, there is a need to consider if case-by-case approach is sufficient or special legal regulations in the field of hyperlinking should Read More …

Attempts to temper big technology firms’ outsized influence in online advertising demonstrate a convergence of opinions between experts as to the extent that the activities of such companies impinge on aspects of citizens’ lives, ranging from the loss of privacy to instances of exclusionary behaviour by incumbents drawn up to handicap competitors. But cutting back Read More …

The Convention on the Rights of Persons with Disabilities (CRPD) sets out a new vision for mental health care with equality and self-determination as its core standards. The CRPD fundamentally challenges long-standing practices in Sweden including the use of involuntary hospitalization, treatment without consent, and the use of restraints. This article discusses the impact of Read More …