Foreword

• Date: 01 January 2007

Foreword

Mr Justice Michael Peart

Judge of the High Court of Ireland

When the Hibernian Law Journal was launched in the year 2000, the

founding editors introduced the f‌irst edition with the following statement of

intent:

“ … Through the medium of multidisciplinary scholarship, the Journal

aims to promote an increased awareness of the law and its related

disciplines among practising and academic lawyers alike, while also

encouraging increased scholarship by members of the legal commu-

nity. The Journal will address issues of interest and consequence to the

legal community and feature writings that traverse the traditional

boundaries of legal publishing in Ireland.

In recognition of the wealth of currently unpublished scholarship

on the law and its related disciplines in Ireland, the Journal seeks to

highlight specif‌ically, although not exclusively, the writings of trainee

and newly qualif‌ied lawyers, junior academics and students.”

Each volume which has been published since these aspirations were

announced has at least achieved these aims, if not exceeded them, and the

present volume is no exception.

The authors comprise distinguished practising lawyers and academics, as

well as trainee solicitors. The range of subject-matter addressed is diverse

and interesting to practising lawyers, academics and judges alike. Having

been afforded the opportunity to read the articles included in this volume

before its publication, I have no hesitation in commending the authors for

their scholarship, and congratulating the editors for their selection from

what I imagine was a large number of candidates hoping to be included in

such a worthy publication. No doubt hard choices had to be made, but I

hope that those whose work has not been included in this volume will not

be discouraged from submitting their work for future volumes.

Not surprisingly, given the importance of the subject in the lives of so

many lawyers these days, there are a number of articles of relevance to

commercial law.

Expressing concern about the capacity of domestic competition law to

properly and adequately address anti-competitive practices having an

international dimension, Deirdre Ann Kelly discusses the emergence of the

World Trade Organization in the development of a global policy to combat

anti-competitive practices at an international level. She looks at a number