Tag: HESA LAW JOURNAL

This article discusses the revised Article 7(4) of the European Communities’ Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of Read More …

This Note argues that foreign sovereign defendants should be accorded pro se status in federal courts to contest jurisdiction, subject to the discretion of the court. Part I examines the problems faced by foreign sovereigns being sued in United States federal courts. Part II analyzes pro se representations and the policies underlying limitations on its Read More …

The Note argues that punitive damages should be recovered under the Warsaw Convention in cases of wilful misconduct.The Note traces the history and intentions of the drafters of the Pact, analyzes the legal controversy in the U.S. courts concerning the recoverability of punitive damages in similar cases, and concludes that the threat of punitive damages Read More …

This article discusses the revised Article 7(4) of the European Communities’ Proposal for a Second Council Directive on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Credit Institutions. The article argues that the revision of the proposal for the Second Directive by the Commission of Read More …

The Note argues that although the proposal fo a risk-based capital framework is a positive move toward facilitating international cooperation on bank supervisory matters, it may encounter a number of difficulties in implementation. Part I examines the recent internationalization and growing interdependency of the world’s banks as well as the role that Basle Committee plays Read More …

The Note argues that the passive personality principle could be used by all countries in a uniform manner in order to combat modern intl terrorism. It traces the intl community’s gradual acceptance of the principle, analyzes the different ways different countries employ it, argues that instead it should be used in a uniform manner, and Read More …

This article discusses regulation of franchising within the European Community and its effect on competition policy. In part I the author gives a general presentation of the regulation, in part II the author discusses the scope of the regulation, in Part III the author discusses the substantive provisions of the regulation, and in the Conclusion Read More …

Part I of this Note discusses a pending case, Republic of Turkey v. Metropolitan Museum, and then gives a brief historical overview of the developing regard for the cultural integrity of nations. Part II examines international convention as well as U.S. federal and common law principles as they apply to pilfered cultural objects. Part III Read More …

This article will examine the European Community’s environmental policy and how spill-over effects in that area led to a transfer of powers from the Member-State to the Community level. It will also examine the manner in which governmental functions in this area are distributed between the two levels and, thus, whether the characteristics of a Read More …

This Note argues that, while the Pricing Regulation is a positive step in the development of a common market within the EEC, it is protectionist in its approach to developing nations. Part I analyzes the complaint against Hyundai in the context of the international shipping industry. Part II examines the EEC’s conflicting policy goals in Read More …