HESA LAW JOURNAL

This Note will examine the applicability of the countervailing duty law to nonmarket economies. Part I will review the legislative history of the countervailing duty statute and its judicial and administrative interpretations. Part II will discuss the Commerce Department rulings, the Court of International Trade’s reversal of these rulings in Continental Steel Corp. v. United Read More …

This Note explores the sources of law available to the Inter-American Commission and Court. The structure and jurisdiction of the European system for protecting human rights and their relation to the American system are examined first. This Note then reviews some case law and interpretation procedures of the European system and the International Court. Timothy Read More …

This article will attempt both to describe the evolution effected by the regulations upon the United States’ “alternative” seabed mining regime, and to explore some of the international consequences flowing therefrom. Dennis W. Arrow

Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,’ brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga’s son, Joelito, in Paraguay in Read More …

Part 1 of this Note will attempt a definition of terrorism to determine whether the Tel-Oren attack was a terrorist act. Part II will discuss whether terrorism is a tort in violation of the law of nations for purposes of Alien Tort Statute jurisdiction. Part III will examine United States cases interpreting the term “violation Read More …

This Note will trace the development and present status of the right to self-determination under international law and its applicability to the decolonization of the Falkland Islands. No attempt will be made to determine whether Argentina’s claim to sovereignty over the Islands is valid. The focus will be, rather, on whether the right of self-determination Read More …

Water Law in Historical Perspective is a tour de force. Professor Teclaff has given us the advantage of his lifelong experience and learning in water law. Every page is enriched by his mature insight and scholarship. The book is divided into two parts. The first consist of a far ranging discussion of national legal systems, Read More …

In this Note, the Present Draft is examined in light of the goals and history of Community competition policy. After a discussion of patents and licensing, the previous drafts and criticisms thereof are examined. An analysis of the recent decisions in Nungesser v. Commission (Maize Seed) and Coditel v. Cin´e Vog as they relate to Read More …

This Note will focus on the major tax planning issues confronting entertainers and athletes (hereinafter collectively referred to as “performers” unless separately stated) who perform in the United States and around the world. This Note will first explore the United States rules that apply when there is no applicable treaty; then it will discuss the Read More …

Tax scholars have long suggested that tax competition should be mitigated because it reduces the collective revenues of countries, impairs their ability to redistribute wealth, and produces more regressive tax systems. Likewise, international organizations such as the Organization for Economic Co-operation and Development (“OECD”) and the European Union increasingly move towards designing a global framework Read More …