In its December 2014 opinion, the Court of Justice of the European Union rejected the draft accession agreement that would have enabled the European Union to accede to the Convention for the Protection of Human Rights and Fundamental Freedoms on the grounds of its incompatibility … [Read more...]

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The relationship between treaty and contract remains undecided in international investment law. It is an open question which instrument takes priority when their terms diverge. While it is clear that investment treaties apply to contracts in some way, they are silent as to how … [Read more...]

The conventional wisdom is that neither federal oversight nor fragmentation can save data privacy any more. I argue that in fact federalism promotes privacy protections in the long run. Three arguments support my claim. First, in the data privacy domain, frontrunner states in … [Read more...]