Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Brexit; European Union (EU); Article 50; Lisbon Treaty; United Kingdom; Intellectual Property; European Free Trade Association (EFTA); European Economic Area (EEA); World Trade Organization (WTO); EU Member States; Donald Tusk; Paris Convention for the Protection of Industrial Property; EU law; World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement); Multilateral agreements; Free trade agreemnt (FTA); TRIPS Plus; Jurisdiction; Court of Justice of the European Union (CJEU); The Treaty on the Functioning of the European Union (TFEU); Harmonization; European Union Intellectual Property Office (EUIPO); European Court of Justice (ECJ); Supreme Court of the United Kingdom; Trademarks; Registered Community Designs; European Patent Office (EPO); European Patent Convention (EPC); Unitary Patents; British law; General Agreement on Tariffs and Trade (GATT); European Council; European Commission (1)
- Edwarn Snowden; Metadata; Personal privacy; National Security Agency (NSA); Government Communications Headquarters (GCHQ); United States of America (USA); United Kingdom (UK); European Court of Human Rights (ECtHR); European Convention on Rights (ECHR); Investigatory Powers Tribunal; Britain; British Parliament; Telecommunications Act of 1984; American Civil Liberties Union (ACLU); USA PATROIT Act; Regulation of Investigatory Powers Act 2000; International human rights; Communications data; Confidential information; Disclosure of Communications Data Code of Practice; Surveillance program; Freedom of expression; National security; United Nation's Human Rights Council; United Nations General Assembly; First Amendment; United States Constitution; Jouralist; Jouralism (1)
- European Commission; Apple Inc.; EU Member States; Fiscal policies; Tax regulations; General Court of the European Union; U.S. Department of the Treasury; European Community; Harmonization; European Union (EU); EU Single Market; Treaty of the European Union (TFEU); Treaty Establishing the European Community; Organization for Economic and Development (OECD); International Monetary Fund (IMF); Foreign direct investment; Ireland; Google; Facebook; Transfer Pricing Guidelines; Transactional net margin method; transactional profit split; International tax system (1)
- European Court of Justice; Google Spain v. AEPD and Mario Costeja González; Google; Commission National de l'Informatique des Libertés; Consumers; Search engines; European Union; Internet Protocol; Martin v. Hearst Corporation; United States Supreme Court; Data Protection Directive; Direct 95/46/EC; Privacy; Internet; U.S. Citizens; Freedom of privacy; Freedom of speech; Universal Declaration of Human Rights; European Parliament; Globalization; European Commission; United States; Department of Defense Advanced Research Projects Agency; Griswold v. Connecticut; Right to be forgotten; Data Protection Working Party; Miller v. California; First Amendment (1)
- European Union; Republicanism; Republican; Public Goods; Freedoms; Human Diginity; Public law; State; Liberalism; Eyal Benvensti; International law; Globalization; 1948 Universal Declaration of Human Rights; European Convention on Human Rights; European Court of Human Rights; International Court of Justice; Chart of the United Nations; Utilitarian; Immanuel Kant; Inalienable; John Locke; Natural law; Right of nations; Arthur Ripstein (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Brooklyn Journal of International Law
In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Brooklyn Journal of International Law
In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …