Category: HESA LAW JOURNAL

These are scary times to be thinking and writing about nuclear weapons. Introducing a “Times Opinion’s” series entitled “At the Brink,” the New York Times writer Kathleen Kingsbury insists that: “We’ve condemned another generation to live on a planet that is one grave act of hubris or human error away from destruction without demanding any Read More …

What is an information, communication and technology (“ICT”) company to do when operating in the midst of an international armed conflict like the one raging in Ukraine? How should tech company executives respond to urgent government demands—often conflicting—to propagate or censor online content arising in the context of war, including disinformation? And what of their Read More …

People disagree about international law. To help them work through these disagreements, the discipline has developed a series of rules on the interpretation of its various sources—most notably, Articles 31 and 32 of the Vienna Convention on the Law of Treaties and the standards developed by the International Court of Justice and the International Law Read More …

Kocho, a town at the foot of Sinjar Mountain in Iraq, was among the Yazidi towns targeted and attacked by the Islamic State (IS)1 in August 2014.2 IS invaded Kocho, murdered the men, and then transported the younger women to a wedding hall before eventually taking them to a makeshift prison facility where they were Read More …

The book first sets forth the policies and practical considerations underlying the current international and national trading regimes, including a description of what Professor Jackson calls the “constitutional structure” of the national and world trading systems. In addition, the book describes the procedures and practices of dispute resolution. The international focus of the book is Read More …

This Note argues that the Second Circuit’s interpretation of Section 1782 should become the standard throughout the federal courts because it applies proper canons of statutory interpretation, adheres to the U.S. Congress’ intent to provide an efficient means of assistance to participants in non-U.S. tribunals, and encourages other nations to provide similarly broad discovery requests Read More …

As trade barriers diminish and global economies continue to expand, harmonization and enforcement of international patent protection becomes increasingly important. This note compares the U.S. system with other countries. It argues that the U.S. should harmonize with the rest of the world. Part I discusses the different systems for determining priority of invention and the Read More …

Professor Emmanuel Gaillard’s recent compilation of foreign and domestic insider trading chapters in his book, Insider Trading: The Laws of Europe, the United States and Japan, provides a tremendous service for both international lawyers and United States securities practitioners. The book is a handy reference guide, as its title suggests, to recent statutory provisions passed Read More …

In Professor Grigera Naon’s latest work, Choice-of-law Problems in International Commercial Arbitration, he attempts to “analyze diverse aspects of international commercial arbitration so as to determine to what extent arbitral tribunals are willing to perform the independent role ascribed to them by lex mercatoria theoreticians, namely, the creation of an autonomous, anational and all-prevailing international Read More …

The Act is a comprehensive package that institutes a substantial number of new provisions to the Immigration and Nationality Act, with significant modifications made to such divergent topics as family immigration, business immigration, naturalization, and exclusion and deportation grounds and procedures. This Article surveys the changes and highlights those most likely to have a substantial Read More …