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The Politics of Space: Kiobel v. Royal Dutch Petroleum
Law is a ‘politics of space.’ The last week’s Supreme Court decision in ‘Kiobel’ significantly cuts the possibilities to sue human rights violators before courts in the United States, particularly when...
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“We made a lot of mistakes. They happen. And then you correct.”
Human Rights have had a hard time in Europe lately. In some countries – particularly in the UK, where you have lived and taught for a long time – the very concept of transnational human rights is met...
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“Targeted killing could be the most legal way to conduct warfare”
Many Europeans, including me, have a hard time accepting that targeted killing of terrorist suspects by drone strikes can be legal. Do you think you can convince me? I understand your concern. But let...
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Remembering Eric Stein
Today is the 100th birthday of Eric Stein (1913-2011), and there would be many reasons to mark this occasion with a biographical sketch (there has been an obituary here, followed by a bunch of...
View ArticleHow the NSA became what it is
The NSA surveillance operations revealed by Edward Snowden and its legal framework have a historical background that reaches back to the Nixon era of the 70s. Russell Miller illuminated this background...
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„Colorblindness is the norm“
Prof. Haney-López, how do you think the Supreme Court will decide on the NYPD‘s stop-and-frisk practice? It is unclear whether the Supreme Court will agree to hear any eventual appeal. That said, the...
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Military Strikes against Syria would be illegal
The international community is discussing if and how they should react in the Syrian conflict where hundreds of people are believed to have been killed in an apparent gas attack. The gruesome pictures...
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From Kosovo to Syria – Why R2P is of no use if the UN Security Council is...
In the current debate regarding a possible military intervention into Syria many references to the Responsibility to Protect (or R2P) are made. Often a wrong or ill-informed understanding of the R2P is...
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“Nine Eleven has caused a shift in the American legal awareness”
Recent revelations that the NSA is systematically wiretapping into conversations by heads of state and government of allied states are mainly seen as a political problem in the US, not necessarily as a...
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“Some Amount of Hypocrisy in the German Alarm”
The NSA tapping into the mobile communication of heads of allied governments – is that legal under American law? Yes. So, the NSA is actually allowed to do that? It is legal, yes. The relevant law...
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“There is no explicit rule that prohibits espionage. But that doesn’t mean...
Is it against international law to spy on mobile phone conversations of foreign heads of government? Wiretapping is not per se regulated by international law; there is no explicit rule that prohibits...
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A whistle blowin’ in the wind? Why indifference towards mass surveillance...
“One of the most disturbing aspects of the public response to Edward Snowden’s revelations about the scale of governmental surveillance is how little public disquiet there appears to be about it.“ But...
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“We don’t export our law to other countries – that would be hubris”
Mr. Weissmann, you were the General Counsel of the Federal Bureau of Investigation (FBI) from 2011 until October 2013. Did your legal work at the FBI change after the Snowden leak, and if so, what was...
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Free Trade in Legal Scholarship?
I want to decline Rob Howse’s invitation to talk about my own residual anxieties, because he introduces another more interesting theme into the debate: whether scholarship can actually be traded...
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On the courage to be wrong
The debate on the Wissenschaftsrat-Report has quickly turned into one about the comparative advantages of German doctrinal vs. US interdisciplinary legal scholarship and education. This is not...
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The TTIP Negotiating Position of the EU Commission – a Convincing Reform...
This article is available only in German. The post The TTIP Negotiating Position of the EU Commission – a Convincing Reform Approach with some Weak Details appeared first on Verfassungsblog.
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Neujustierung der Balance von Investorenschutz und „right to regulate“
Am 27. März 2014 hat die Europäische Kommission eine Online-Konsultation zum Kapitel über den Investitionsschutz in der Transatlantischen Handels- und Investitionspartnerschaft (TTIP) eröffnet. Das ist...
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Investor-state dispute settlement – Pulling the chain tighter
Since the 1970s, almost any bilateral and regional investment treaty has provided for investor-state dispute settlement (“ISDS”). Based on these agreements, foreign investors can commence international...
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Fierce Justice, Learning Democracy and Affirmative Action
This article is available only in German. The post Fierce Justice, Learning Democracy and Affirmative Action appeared first on Verfassungsblog.
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Ships that pass in the night: The Debate on TTIP and Arbitration
This article is available only in German. The post Ships that pass in the night: The Debate on TTIP and Arbitration appeared first on Verfassungsblog.
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„A Critical View on Investment Protection in TTIP“ – or not?
This article is available only in German. The post „A Critical View on Investment Protection in TTIP“ – or not? appeared first on Verfassungsblog.
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Justice Sotomayor in Berlin: a case against true objectivity
This year, Supreme Court Justice Clarence Thomas finally broke his seven-year silence, but only by cracking a joke that even the stenographers were unable to comprehend. He spends most Court hearings...
View ArticleOn the Right to be Forgotten and the Right to be for myself
Continue reading → The post On the Right to be Forgotten and the Right to be for myself appeared first on Verfassungsblog.
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“Blogging is a way of changing the relations of authority in the public sphere”
Your blog, Balkinization, is one of the most widely read blogs on constitutional law today. What gave you the idea of starting Balkinization? I started the blog in January 2003. My friend Eugene Volokh...
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Argentina in The Hague: Labor Pains of a Public Law for a Pluralistic World...
The disputes between Argentina and her creditors keep travelling the world. They have reached many important courts on their journey. In 2007, the Bundesverfassungsgericht decided that Argentina could...
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Back to Bush? The US air strikes in Syria against the ‘Khorasan group’ in the...
On 6 November 2014, at first glance, yet another message from the war against terror in Syria was spread: ‘The US military says it carried out air strikes against the al-Qaeda-linked Khorasan group in...
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Poland: trust no one but the law
The Strasbourg court has found that Poland violated the European Convention on Human Rights due to its collaboration in the rendition, imprisonment and torture of two terrorism-suspects (Al-Nashiri and...
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Data Protection in the US and the EU: the Case for Federal Solutions
Which level is better placed to provide efficient data protection – the federal or the state level? This question is topical both in the United States and in the European Union. In the US, there are...
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Schrems v. Commissioner: A Biblical Parable of Judicial Power
Even before his big win at the Court of Justice of the European Union (CJEU) on Tuesday, Maximillian Schrems’ seemingly quixotic campaign against the giants of America’s shadowy security-complex and...
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The Sinking of the Safe Harbor
The judgment of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (Case C-362/14) is a landmark in EU data protection law, but one about which I have serious...
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Safeguarding European Fundamental Rights or Creating a Patchwork of National...
EU data protection law allows the transfer of personal data to countries outside the EU if the latter ensure ‘adequate level of protection’ (Art. 25 of Directive 95/46). In the 2000 Safe Harbour...
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Could the Schrems decision trigger a regulatory “race to the top”?
Ever since David Vogel coined the term of art “California effect” back in 1995, many have wondered, including Vogel himself, to what extent is policy convergence toward a more stringent regulatory...
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The Schrems Judgement: New Challenges for European and international companies
In Schrems the CJEU has declared the Safe-Harbor-Decision of the European Commission invalid whilst strengthening the EU fundamental rights. The Court has done so with astonishing clarity. Although the...
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The Force awakens – The Schrems case from a German perspective
„It has also been confirmed that Solange Episode III is set about 30 years after the events of Solange Episode II, and will star a trio of new young leads along with some very familiar faces. No...
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