EU

EU-US Privacy Shield: The Future Framework for Transatlantic Data Flows?

Marjorie Becker LL.M., Columbia Law School, 2016 By striking down the 15-year old Safe Harbor Framework in its decision Schrems v. Data Protection Commissioner on October 6, 2015,[1] the Court of Justice of the European Union (CJEU) left most self-certified U.S. companies in limbo. The Privacy Shield announced on February 2, 2016 by the EU Commission and the U.S. Department of Commerce (DOC), however, may yet provide relief to some of them. This new framework comprises various documents—summarized in the draft adequacy decision and related annexes released on February 29, 2016—and aims to comply with the requirements of Schrems by […]

Land Grabbing in Cambodia: Redress Found in UK Courts?

Elaine Sun J.D. Candidate, Columbia Law School, 2017 In recent years, land grabbing has become increasingly prevalent in Cambodia. The most extensive instances are economic land concessions (ELCs), whereby up to 10,000 hectares of government land per concession can be granted to private companies for agro-industrial exploitation for some fixed period of years, capped at 99 years. The 2001 Land Law of Cambodia also allows the government to expropriate private land from citizens for ELCs “in accordance with the provisions of the law,” and the Cambodian Constitution governs that expropriation “shall require fair and just compensation in advance.” In reality, […]

Citizenship by Investment: A Comparative Discussion

Angelo Tannuzzo J.D. Candidate, Columbia Law School, 2017   Citizenship status determines the rights and obligations that exist between citizen and State. For example, a citizen must pay taxes, but also has the right to vote and enjoy government-maintained infrastructure and services. Citizenship also entails a mutual duty of loyalty: the State is to act in the collective interest of its citizenry, while a citizen owes allegiance to the State. Because the citizenry and the State form an interdependent political and social entity, the mechanism and selection process by which the State confers or withholds citizenship directly influences the composition, […]

Will Catalonians Be the First Successful Separatists to Join the EU on Their Own?

Brandon Short J.D. Candidate, Columbia Law School, 2017 A white star against a blue background stands atop narrow red and yellow stripes. This is a slightly tweaked version of Catalonia’s flag: the added white star and blue triangle stand for Catalonian independence. On September 11th, all that commands more attention than the myriad flags are crowds roaring “In-! Inde-! Independencia!” But, one should query whether the Catalonian flag—adorned with the independence star or not—could ever hang in Brussels among EU Member State flags. There’s no bullfighting in Catalonia, and announcements in Barcelona’s metro typically sound in Catalan, not Spanish. Some […]