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• Schrems III or what will happen with transatlantic data transfers? - A Thought Experiment on the Validity of the EU-USA Data Privacy Framework Decision

  78-106

  Bence Kis Kelemen

  Views:

  154

  The United States of America and Europe are each other's most important cooperative partners. This naturally includes the economic relationship based on the transfer of personal data. Over the past nearly decade, this transatlantic data transfer has operated amid continuous legal uncertainties due to the repeated invalidation of the European Commission's adequacy decisions and issues related to the applicability of standard contractual clauses. The problem appears to be currently resolved thanks to the EU-US Data Privacy Framework Decision. However, this Commission decision has already been challenged, and a new procedure is expected to begin this year. The purpose of this study is to conduct a thought experiment to examine the validity of the mentioned decision, which could serve as guidance for future legal practice and provide forecasts for economic actors about expected developments. The paper's conclusion is that due to the unchanged violation of fundamental rights, the EU-US Data Privacy Framework Decision is likely invalid.

• Crimean Secession in International Law

  9-28

  William R. Slomanson

  Sándor Szemesi(Translator)

  Views:

  387

  This article provides detailed insights into the validity of remedial secession, the two major judicial opinions that have addressed it (Kosovo advisory opinion by the International Court of Justice, and the Quebec Secession Reference case decided by the Supreme Court of Canada), and the steep, but evolving, path to legitimacy it may now be travelling. This article does so within the context of Crimea’s secession referendum, declaration of independence, and de facto statehood, and Russia’s annexation of Crimea. It covers the international community’s reaction to these events – and the disparity among academic reactions to the vitality of remedial secession. It traces the UN General Assembly’s 2014 Crimean debate – concluding that it is the most authoritative referee for judging Russia’s claim to the validity of the Crimean secession.