Category: HESA LAW JOURNAL

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts’ jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive Read More …

This Note examines the legal conflicts in the nuclear nonproliferation regime that developed due to the Agency’s attempt to verify North Korea’s compliance with the NPT. Part I reviews the history of the nonproliferation regime, as well as the pertinent textual provisions of the IAEA Statute, the NPT, and the North Korean-Agency Safeguards Agreement. Part Read More …

One way to begin approaching the question of whether U.S. regulatory requirements for foreign firms are appropriate is to review some trends in the data. As shown in Figure 1 below, the London Stock Exchange has already made significant strides in becoming a transnational equity market for Europe. What remains back in the home country Read More …

This Note provides a comparison of the doctrines of separability and comp´etence de la comp´etence and the status of these doctrines under French, English and U.S. law. Part I defines the operation of these two doctrines, discusses their interrelationship, and reviews their status under the arbitration rules of international arbitral organizations. Part II reviews the Read More …

This Article will focus on how lawyers in countries with a tradition of bank secrecy have played a part in maintaining their clients’ anonymity vis-`a-vis bankers. For comparative purposes the Article will also comment on the banker’s interest in knowing his or her customer’s identity in a tax context, particularly when the customer claims the Read More …

One of the more popular means utilized by foreign private issuers in recent years to create a market for their securities and to raise capital in the United States has been the issuance of American Depositary Receipts (“ADRs”). The estimated total dollar volume of ADR trading on U.S. exchanges in 1992 was approximately U.S.$125 billion. Read More …

I would like to thank everybody involved for providing me with this opportunity to speak to you about the wonderful world of American Depositary Receipts (“ADRs”). Today I will attempt to provide you with an overview of the ADR market. I will talk about the different types of ADR programs available, and I will talk Read More …

Discusses the Exon-Florio Provision of the Omnibus Trade & Competitiveness Act. It gives the President of the United States the power to prohibit or to prevent on a temporary basis a non- U.S. corporation from merging with or acquiring a U.S. corporation when the transaction could potentially impair U.S. national security. The Note examines U.S. Read More …

This Note addresses the conflict within the U.S. Courts of Appeals regarding an alien’s right to challenge the BIA’s administrative notice of a political change in an asylum seeker’s home country. Part I of this Note discusses U.S. asylum law standards and the procedures that an applicant must follow in seeking asylum and in appealing Read More …

I want to discuss just a few of the key accounting and disclosure issues that foreign registrants face when they decide to make a U.S. public offering. Many of the issues that I am going to cover have already been referred to by some of the previous speakers, such as Richard Breeden,’ Richard Kosnik,2 and Read More …