Immigration and the Tension between an Ever-Closer Union and Sovereignty
Christopher Linnan Vol. 39 Associate Editors The 1957 Treaty of Rome created the European Economic Community—the forerunner of the European Union (EU).[1] The treaty’s first proclamation was that it was “determined to lay the foundations of an ever-closer union among the peoples of Europe.”[2] The “ever-closer union” language has become a mainstay of European Union […]
The State of Paris: How the Climate Agreement is Faring After U.S. Withdrawal
Lucas Minich Vol. 39 Associate Editor On June 1, 2017, President Trump announced with great fanfare that he would unilaterally, as is arguably his right, withdraw the United States from the Paris Climate Agreement.[1] This landmark agreement calls upon its signatory nations to aggressively strive to fight climate change through cooperative efforts. More specifically, it […]
It’s (not just) the Economy, Stupid: Gender Equality in the European Union
Elizabeth Heise Vol. 39 Associate Editor Gender equality is not only a general goal of the EU, but is explicitly written into the founding treaty, which requires member states to promote equality between women and men.[1] Not only does this mandate apply to current member states, but it is also a requirement for potential member […]
The Iran Nuclear Deal’s Current State and the Possibility of a Hasty U.S. Withdrawal
Ali Bazzi Vol. 39, Associate Editor The Joint Comprehensive Plan of Action (“JCPOA”) is an agreement between China, France, Germany, Russia, the United Kingdom, the United States, the European Union, and Iran. The agreement cuts off all of Iran’s pathways to developing a nuclear weapon. Under the JCPOA, Iran has dramatically rolled back its nuclear […]
A Snapshot of the Status of the UK’s Bilateral Investment Treaties and Related International Arbitration After Brexit
Jose-Ignacio Saldana Vol. 39 Notes Editor The exit of the UK from the EU has raised concerns amongst foreign investors amid the uncertainty of the future of the UK’s investment relationships. The UK maintains one of the largest bilateral investment treaty (BIT) networks in the world[1]—the international community is interested in the UK’s position on […]
Addressing the Refugee Crisis: Will the “Fairness Mechanism” Make a Difference?
Rebecca Hughes Vol. 38 Associate Editor On May 4, 2016, the European Union (EU) announced a new plan to address the massive influx of migrants.[1] The plan, called the Common European Asylum System,[2] was proposed to address flaws in the Dublin Regulation, Europe’s current asylum mechanism,[3] and create a fairer, more efficient, and more sustainable […]
“The Right to be Forgotten” in the EU’s General Data Protection Regulation
Christine Prorok Vol. 37 Associate Editor Vol. 38 Online Content Editor In a world where information posted to the Internet is so widely available and difficult to control, data privacy can seem out of reach. However, a right that was recently recognized in the European Union has attempted to push back on the notion that […]
The E.U. – U.S. Privacy Shield
Corina McIntyre, Vol. 37 Associate Editor In October 2015, the European Court of Justice (“ECJ”) struck down the U.S.-E.U. transatlantic “Safe Harbor” pact used by thousands of companies to transfer European citizens’ data to the U.S. For 15 years the Safe Harbor pact had “allowed more than 4,000 companies to avoid cumbersome E.U. data transfer […]
Steel Antidumping Tariffs: The Issue of Surrogate Countries
Sung “Chris” Lee Vol. 37 Associate Editor Vol. 38 Online Content Editor Low steel prices have been driven by Chinese steel glut: China is dumping steel globally to get rid of the massive excess supply. As China shifts away from growth driven by the manufacturing industry, it is flooding the worldwide steel market with its […]
The Common European Asylum System: Its History, Content, and Shortcomings
Silvia Raithel, Vol. 37 Associate Editor Negotiations towards the Common European Asylum System (“CEAS”) began in 1999 in the city of Tampere, Finland.[1] EU Member States wanted a unified asylum system, based on binding legislation, in order to address several key problems.[2] One problem the CEAS sought to address was asylum shopping.[3] This is a […]
Brexit: The Legal Consequences
Katrien Wilmots, Vol. 37 Associate Editor The chances of the United Kingdom leaving the European Union seemed remote only a couple of months ago. However, recent surveys of the British public and talk in parliament have made the idea of a “Brexit” not just mere talk but an actual possibility.[1] The British Prime Minister, David […]
The European Union Cracks Down on Member State Corporate Tax Agreements
Corina McIntyre, Vol. 37 Associate Editor On October 21, 2015, the European Commission ruled that Luxembourg and the Netherlands granted illegal tax agreements to Fiat Finance and Trade and Starbucks. In essence, the European Commission determined that these tax agreements created anticompetitive effects by granting these multinational corporations unfair tax advantages.
The Safe Harbor Principles: What They Were and What Their Invalidation Means
Silvia Raithel, Vol. 37 Associate Editor In 1995, the European Parliament and Council passed the Data Protection Directive (Directive 95/46/EC) (the “Directive”).[1] The Directive requires that the transfer of personal data out of the European Economic Area to another country only take place if the other country ensures an adequate level of protection for the […]
International Legal Implications of Measures Taken to Limit Influx of Refugees in Europe
Christine Prorok, Vol. 37 Associate Editor As hundreds of thousands of refugees flee states in the Middle East and Africa, bound largely for countries in the European Union, the international community has struggled to furnish a consistent response to accepting refugees. And some have no intent to accept refugees at all.
The European Refugee Crisis and the Need for a Unified European Approach
Virginia Koeppl, Vol. 37 Associate Editor Fleeing civil war and terror, at least 350,000 migrants have crossed the European Union’s borders in search of a better life from January to August 2015, many of them risking their lives on the perilous journey.[1] Europe is experiencing one of the most significant influxes of migrants and refugees […]
The Need for Internationally Accepted Refugee Laws
Zachary Anderson, Vol. 37 Associate Editor The recent Syrian refugee crisis has put a massive amount of strain on Europe. An estimated 32,000 asylum applications were recorded in Europe in July of this year alone.[1] In the wake of this crisis, arguably cruel responses by European governments and individuals have garnered the international spotlight,[2] exposing […]
International E-Discovery: EU Privacy Protection vs. US Broad Disclosure
Katherine McGuigan, Vol. 37 Associate Editor On September 18, 2015, the world discovered that Volkswagen had been cheating on its emission tests for its diesel-fueled cars.[1] Volkswagen admitted that over 11 million cars worldwide might contain “defeat devices” which can “make cars appear cleaner than they are during regulatory tests and disable emissions controls during […]
Piketty v. Merkel
David Stute, Vol. 36 Associate Editor Earlier this month, Der Spiegel interviewed French economist Thomas Piketty,[i] who first rose to international fame with his 2013 study of wealth inequality over the past 250 years.[ii] In the interview, Piketty laid his finger on the stark divide in economic outcomes between the United States and the European […]
Prospects for Enhanced Infringement Procedures in the EU
Jesse Stricklan Vol. 37 Notes Editor Vol. 36 Associate Editor It is a fundamental assumption of the EU project that economic and political freedoms go hand-in-hand,[i] but recent political trends in some EU member states, particularly Hungary, seem to be challenging this consensus. In 2010, Viktor Orbán’s Fidesz party enacted reforms in pursuit of “illiberal […]