9 Colum. J. Eur. L. 241 (2003) Gabrielle S. Friedman. Law Clerk to the Hon. Gerard E. Lynch, U.S. District Judge, Southern District of New York. James Q. Whitman. Ford Foundation Professor of Comparative and Foreign Law, Yale University. Workplace “harassment” is now regarded as an evil in every western country. But exactly what class of persons is threatened by “harassment”? And exactly what evil does the law forbidding “harassment” aim to combat? The best-known, and internationally most influential, use of the term “harassment” comes from American law. In the American conception, “harassment” is a form of discrimination, a way […]
Jerald Khoo
495 posts
9 Colum. J. Eur. L. 275 (2003) Jesper Lau Hansen. Dr. jur. & LLM, associate professor in financial market law at the University of Copenhagen Law Faculty, Institute of Legal Studies. It is a balanced and reasonable text which steers clear of the pitfalls of extreme positions that could have consigned us to Dante’s’Inferno with no exit. In these words, Internal Market Commissioner Frits Bolkenstein introduced the latest proposal of the European Commission on a takeover directive on October 2nd, 2002. One does not have to be familiar with European lawmaking to appreciate the considerable controversy behind this document. Indeed, […]
9 Colum. J. Eur. L. 299 (2003) Sergio Baches Opi. LL.M. E.U. Law, Center for Advanced Legal Studies, Katholieke Universiteit Leuven, Belgium (1995); LL.M. International Business and Trade Law, Fordham University School of Law, New York (2000). Mr. Baches Opi is an attorney with Uría & Menéndez, Barcelona (Spain). Ryan Floyd. Member of Yale International Security Studies’ Grand Strategy program and a Smith-Richardson Fellow. The terrorist attacks of September II, 2001 shocked the United States (U.S.) and the rest of the world, marking a new era in international law and policy. The events have spawned a new concert of great […]
9 Colum. J. Eur. L. 333 (2003) Stuart Rosenberg. On November 28, 2002, the Council passed a decision “establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism” (the Decision).’ The Decision accomplishes one of many objectives defined by the Justice and Home Affairs Council at its pivotal meeting on September 20, 2001: the replacement of Joint Action 97/827/JHA of December 5, 1997, which established an evaluation mechanism for the fight against organized crime. On paper, the November 28 decision is an integral part of the EU’s anti-terror strategy. Whether the […]
9 Colum. J. Eur. L. 341 (2003) reviewed by Jean Chen. UK Public Law & European Law: The Dynamics of Legal Integration focuses on the interaction of UK courts and European law in developing UK public law. The central thesis illuminates a trend toward better legal integration in the UK through a more open approach to the integration of domestic public law and European law. While legal integration is often questioned in academic debate, this book contends that recent and ongoing developments, most notably the Human Rights Act of 1998, require a reassessment of the UK courts’ interaction with European […]
9 Colum. J. Eur. L. 1 (2002) Damien Geradin. Professor of Law at the University of Liege and the College of Europe, Bruges. Over the last couple of years, a very hot debate has raged in the European Union over the European Commission (hereafter, the “Commission”) proposals to modernize the implementation of EC competition law. In essence, these proposals seek to promote a more decentralized application of EC competition law. The Commission argues that decentralization will allow a better implementation of EC competition rules. Many, however, argue that the proposed reforms will lead to a less coherent and, in some […]
9 Colum. J. Eur. L. 29 (2002) Gregory Shaffer. Associate Professor, University of Wisconsin Law School; Senior Fellow, UW Centre on World Affairs and the Global Economy (WAGE); Visiting Scholar, Columbia Law School. A central goal in governing the interface of the economies of the United States and European Community (EC) is to reconcile the objectives of protective social regulation, on the one hand, and free competition facilitated through open trade policies, on the other. These policies can be both complementary and conflicted This Article examines how these issues have been addressed bilaterally in a number of economic sectors through […]
9 Colum. J. Eur. L. 79 (2002) Hanno E. Kube. Dr. iur. (Heidelberg), LL.M. (Cornell), Assistant Professor of Law (Habilitationsassistent) at the Institute for Finance and Tax Law of the University of Heidelberg. CONFRONTING NATIONAL TAX SOVEREIGNTY WITH TRANSNATIONAL RESTRICTIONS Tax sovereignty is still considered to be a particularly sensitive area of authority retained by the nation-states, and the foundation of a “sound fiscal federalism.” Accordingly, the regimes based on transnational law have hardly any powers to impose taxes themselves and also largely abstain from regulating national taxation directly. However, tax law only appears to be one of the enclaves […]
9 Colum. J. Eur. L. 109 (2002) Miriam Aziz. LLB, Ph.D., Barrister-at-Law. Currently a Marie Curie Fellow at the Robert Schuman Centre for Advanced Studies, the European University Institute, Florence. Sections of this paper have been included in a Robert Schuman Working Paper (2001), Florence Working Paper, RSC No. 2001/31. I am grateful to participants of the European Forum of the Robert Schuman Centre, Betveen Europe and the Nation State: the reshaping of interests, identities and political representation (2000-2001) for their constructive feedback after I gave a paper based on this article as part of the seminar series on The Europeanization […]
9 Colum. J. Eur. L. 141 (2002) Tim Corthaut. Assistant at the Institute for European Law, Katholieke Universiteit Leuven. In 1963 the European Court of Justice (hereafter the ECJ) significantly restricted the possibility for individuals to bring actions for annulment. This would not have been problematic with regard to the fundamental right to effective judicial protection if individuals were able to obtain equally effective judicial protection against acts of the Community institutions through the national courts. In recent times, it has become apparent that such national protection is not always present. Especially if a directly applicable Community act does not […]
9 Colum. J. Eur. L. 167 (2002) Stijn Vanoppen. Research and teaching fellow at the Institute for Tax Law, Katholieke Universiteit Leuven and lawyer at the Brussels Bar (Tiberghien Advocaten). In the case of Athinaiki Zithopiia AE v. Greek State, dated October 4, 2000, (hereafter Athinaiki), the Court of Justice of the European Union (hereafter the Court) produced a definition for the term ‘withholding tax,’ as that term appears in Article 5 (1) of the Parent-Subsidiary Directive’ (hereafter the PSD). In this case note, we will first review the facts that immediately preceded the preliminary ruling in Athinaiki and the […]
9 Colum. J. Eur. L. 175 (2002) Sébastien J. Evrard . Columbia University School of Law, L.L.M. Candidate, Class of 2003. See Treaty Establishing the European Community [TEC] art. 3(1)(c). One intent of the Treaty Establishing the European Community was the creation of an internal market in which goods and services can freely circulate. Yet, disparities among the national trademark laws of the respective Member States can constitute an impediment to the free circulation of goods and services and distort competition within the internal market. The harmonization of European trademark law, which has begun with the adoption of two legal […]
9 Colum. J. Eur. L. 195 (2002) William Sanchez. On June 13, 2002, the Council of the European Union adopted a framework decision establishing the European arrest warrant as a basic instrument of judicial cooperation among the Member States in the field of criminal justice and outlining its terms and procedures as well as the timetable for its implementation. This is the latest and perhaps the most significant of several recent developments aimed at furthering the goals of a European “area of freedom, security and justice.” The European arrest warrant will replace the existing system of cooperation based on traditional […]
9 Colum. J. Eur. L. 203 (2002) reviewed by Thomas Perrot. The free movement of factors of production constitutes the cornerstone of a common market, as it is thought to permit their most efficient allocation within this market. This assumption has been pervasive in European integration ever since 1957 and is enshrined in Article 3 of the Treaty establishing the European Community (TEC), which states that the activities of the Community shall include “an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital.” Weiss and Wooldridge’s Free […]
8 Colum. J. Eur. L. 379 (2002) Christian v. Bar. Dr. jur., Professor and Director of the Institute of Private International and Comparative Law at the University of Osnabrick (Germany); Bencher (Hons.) ofGray’s Inn; FBA; Member of the Commission on European Contract Law; Chairman of the Study Group on a European Civil Code. THE COMMISSION ON EUROPEAN CONTRACT LAW AND THE STUDY GROUP ON A EUROPEAN CIVIL CODE The following article is concerned with a debate which these days preoccupies the minds of many academics and at least some politicians throughout the European Union: the questions of whether, how, to […]
8 Colum. J. Eur. L. 389 (2002) Catherine Barnard. Senior Lecturer in law, University of Cambridge, Fellow of Trinity College. Simon Deakin. (B.A. 1983, Ph.D. 1990, Cambridge), Robert Monks Professor of Corporate Governance and Fellow of Peterhouse, University of Cambridge. There has been a tension between the goal of the harmonization of social policy and the free-market aims of European integration since the very early days of the formation of the European Community in the 1950s. The Treaty of Rome left virtually all matters relating to labor legislation and welfare state expenditure levels within the competence of the individual Member […]
8 Colum. J. Eur. L. 415 (2002) Christoph U. Schmid. Dr. iur., University of Munich, 1 995; Ph.D., European University Institute Florence, 2002; currently research fellow and designated scientific coordinator of the “European Private Law Forum” at the EUI Florence. The present survey is addressed mainly to lawyers without a background in European law and law students. It builds on and develops further earlier work, in particular The Emergence of a Transnational Legal Science in Europe, 19 OJLS 673 (1999); Evolutionary Perspectives and Projects on Harmonisation of Private Law in the EU, (S. Feiden, ed.), EUI Working Paper Law no. […]
8 Colum. J. Eur. L. 487 (2002) Friedrich Blase. Revised from an address given at the annual Ph.D. Award Ceremony of the Westfälische Wilhelms-Universität Münster on November 2, 2001. “Sexy” is not the word one usually uses to describe a legal topic. But in the past two years the general public and relevant professional circles considered sexy anything that involved communication, e-commerce and the New Economy. This madness even entered the esteemed realm of I egal research. T raining programs at universities had to focus on telecommunication if they were to stand a chance with potential students. Whoever turned to […]
8 Colum. J. Eur. L. 493 (2002) Johan Verlinden. Case C-256/00. S.A. Besix N. V. v. Wasserreinigungsbau Alfred Kretzschmar GMBH & Co. K.G. (WABAG) (E.C.J. Feb. 19, 2002) (not yet reported).” This judgment of the European Court of Justice (ECJ) is a response to preliminary questions posed by the “Hof van Beroep” (Court of Appeal) of Brussels, Belgium. At issue was the interpretation of Article 5(1) of the European Convention on-Jurisdiction and Enforcement of Judgements in Civil and Commercial matters’. The Convention determines which court will have jurisdiction over a case with links to several national legal systems within the […]