Germany


Europe Grapples with Outdated Lèse-Majesté Laws

HY Kim, J.D. Candidate 2017, Columbia Law School Background On March 31, 2016, a German satirist, Jan Böhmermann, ignited a debate on the relevance of an arguably outdated statute by reading an obscene poem about the Turkish President Recep Tayyip Erdogan on the weekly German satirical show “Neo Magazin Royal.” The poem included insults and made light of the very fact that the act of reciting such a poem would be considered illegal in Turkey. Little did Böhmermann know, this act was also illegal in Germany. After the conclusion of an investigation, launched by Chancellor Angela Merkel at the request […]


Shifting Seas: Migration, Integration, and Germany

Hannah Weichbrodt J.D. Candidate, Columbia Law School, 2017 The two largest crises presently facing Germany are the influx of migrants—a 19% increase between 2013 and 2014, most notably from Syria—and a belligerent Russian next-door neighbor. In assessing how Germany should respond to these emergency situations, Thomas Bagger, the Head of Policy Planning for the German Foreign Ministry, notes the historic context in which Germany understands its role within Europe and its evolving self-conception as a world power. After the Fall of the Berlin Wall, Germany was surrounded by friends and recognized itself as occupying a space in a “sea of tranquility,” […]


The Use of Collateral in Financial Transactions

Saso Kraner LL.M., Columbia Law School, 2015  Where collateral secures a contractual claim, a right in rem is created. This means it is not only enforceable between the parties to the loan agreement, but also against third parties. The purpose of a collateral arrangement is to protect the collateral taker against default risk relating to the collateral giver. In the event of default, the collateral taker can satisfy her claims using the delivered collateral. Collateral is used in different kinds of transactions. This post focuses on its use in financial transactions.