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Law Second Year > EU Law - Global Reach > Flashcards

EU Law - Global Reach Flashcards

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1
Q

Regulation 1236/2009 requirements

A

No exporting of death penalty drugs

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2
Q

How does WTO sometimes facilitate BE?

A

Limited ability of EU trading partners to respond with unilateral retaliation

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3
Q

What does the OTC Derivatives Regulation introduce?

A

Clearing house of derivatives to increase transparency and reduce financial risk

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4
Q

How is the EU weak in terms of power

A

Military

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5
Q

Capital Requirements Directive 4 triggr

A

Banker’s bonus

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6
Q

Com(2013)71 Financial Transaction Tax Proposal novel jurisdictional trigger

A

Issuance principle

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7
Q

Rosen

A

Data Protection Directive is the ‘biggest threat to freedom of speech on the Internet in the coming decade’

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8
Q

Country-level territorial extension

A

Account for conduct/circumstances in 3rd

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9
Q

How many consumers in EU?

A

500,000,000

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10
Q

When is Firm-level territorial extension common?

A

Financial services

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11
Q

Example of geo-filtering being sufficient

A

UEJF v Yahoo!

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12
Q

Directive 2008/106 requirements

A

Minimum level of training for seafarers to match EU standard

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13
Q

Two external constraints on BE

A

Market, international institutions and other states

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14
Q

California Waste Recycling Act 2003 general

A

Same bans as under RoHSD AND include any amendments

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15
Q

Financial Transaction Tax Proposal

A

Com(2013)71

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16
Q

Who identifies the conditions for de facto BE?

A

Bradford

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17
Q

Example of legal non-divisibility

A

Honeywell-GE merger

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18
Q

Two examples of technical non-divisibility

A

GMOs and Data Protection Directive

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19
Q

Who called Data Protection Directive the ‘biggest threat to freedom of speech on the Internet in the coming decade’?

A

Rosen

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20
Q

Three possible ways of implementing Google Spain v Agencia Espanola

A

Domain-based, global implementation or geo-filtering

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21
Q

Capital Requirements Directive 4 requirements

A

Non-EU subsidiaries to EU parent need to comply

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22
Q

What country challenged Capital Requirements Directive 4?

A

UK

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23
Q

What is transaction level territorial extension?

A

Concerns a particular batch

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24
Q

Nazi

A

UEJF v Yahoo!

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25
Q

Three ways EU incentivises compliance by 3rd?

A

Dilutes intensity of regulatory demands, flexibility in conditions and one-stop-shop access to EU market

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26
Q

Data Protection Directive

A

Directive 95/46

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27
Q

What country fear ‘false positive’ regulations?

A

US

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28
Q

What can the brussels effect be contrasted with

A

California effect

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29
Q

Directive 2008/101/EC TRIGGER

A

Taking off or landing in EU

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30
Q

UEJF v Yahoo! judgment

A

Take all necessary measures to prevent French access

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31
Q

OTC Derivatives

A

Regulation 468/2012

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32
Q

What shows US finally following EU lead in privacy protection?

A

Consumer Data Privacy in a Networked World, Report from White House to Congress

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33
Q

Who explored the distinction between territorial extension and extraterritoriality?

A

Scott

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34
Q

Name at least two advantages of MDH

A

Low cost, easily implemented, no need for states to agree on global standards and efficient

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35
Q

What is the issuance principle?

A

As long as transaction involves EU-issed financial instrument, Directive applies

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36
Q

Name at least two advantages of policy-driven harmonisation

A

No need for BE conditions, if BE doesn’t create level playing field, internal objective compromised by leniency elsewhere and to ‘lock-in’ EU standards

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37
Q

Who highlighted how regulatory influence works both ways - EU to 3rd and 3rd to EU?

A

Scott

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38
Q

What is an example of a divisible market?

A

Labour markets

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39
Q

Why does the EU criticise US territorial extension?

A

Seems to pursue US-only interests

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40
Q

What do strict regulatory standards show?

A

Aversion to risk and commitment to social market

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41
Q

SB 509 content

A

EU data main source feeding into it

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42
Q

When was the injunction imposed in UEJF v Yahoo!?

A

Once court satisfied technically feasible for Yahoo! to determine origin of page request

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43
Q

Importing Animal Products

A

Regulation 1099/2009

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44
Q

What percentage of GDP is EU budget?

A

1%

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45
Q

What is an example of EU giving US producers a forum to challenge competitors?

A

United Technologies in GE-Honeywell merger

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46
Q

Example of transaction-level territorial extension

A

EU Aviation Directive - worldwide volume of emissions from single flight

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47
Q

Example of oversight mechanism under Privacy Shield Agreement

A

US Ombudsman

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48
Q

Three ways REACH extends beyond EU borders

A

Extend internal processes to 3rd, allow 3rd to use data generated and motivate similar regulations through learning, emulation and competition

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49
Q

Regulation 1099/2009

A

Importing Animal Products

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50
Q

Directive 2008/106 trigger

A

Seafarer on EU shop

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51
Q

Four types of non-divisibility

A

Technical, legal, informational and economic

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52
Q

What Directive enforces international standard?

A

Seafarer Directive

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53
Q

Example of globe-level TE

A

EU Aviation Directive on possible future international agreement

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54
Q

Three general examples of territorial extension

A

Animal pain and suffering, capital punishment drugs and Aviation Directive

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55
Q

Case on Directive 2008/101/EC

A

Air Transport v SoS for Energy & Climate Change

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56
Q

Restriction of Hazardous Substances Directive was copied in what Act?

A

California Waste Recycling Act 2003

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57
Q

Who argued EU’s internal motivation for BE is to ensure a level playing field?

A

Bradford

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58
Q

REACH obligations and content

A

Burden of proof on manufacturer, not regulator, and low regulatory threshold (precautionary principles)

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59
Q

Commission Decision 2000/520/EC

A

Safe harbour privacy principles adequate

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60
Q

Who argued EU’s external motivation for BE is imperialism in environmental and food safety matters?

A

Kogan

61
Q

Author of brussels effect

A

Anu Bradford

62
Q

Who argued global implementation only justified if reasonable?

A

Alsenoy and Koekkoek

63
Q

What two concerns of safe harbour principle did CJEU express in Schrems?

A

Self-certification without monitoring procedure and open-ended exceptions without monitoring mechanisms

64
Q

Give at least two examples of country-level territorial extension

A

EU Aviation Directive, Seafarer Directive and DPD

65
Q

Why are WTO remedies imperfect?

A

No enforcement (other than sanctions), restricted mandate to ban discrimination and WTO sometimes facilitates BE

66
Q

What state fear false negative regulations?

A

EU

67
Q

Article 29 WP suggestion to implement Google Spain decision

A

Global implementation

68
Q

Two internal constraints on BE

A

Missing conditions for URG or internal conflicts between corporations/growing heterogeneity of the population

69
Q

Who came up with the california effect

A

Vogel

70
Q

What i global implementation

A

Removal from all versions

71
Q

How are internal EU processes extended to 3rd according to Biedenkopf?

A

Need to register and authorise when on EU market, and including in policy-making bodies

72
Q

Where is EU regulatory capacity most restricted?

A

Common Foreign and Security Policy

73
Q

Three things added to Privacy Shield Agreement recently

A

Greater limitations on exceptions, new oversight mechanisms and joint EU-US governmental process to monitor self-certification

74
Q

What Directive did California copy in California Waste Recycling Act 2003?

A

Restriction of Hazardous Substances Directive

75
Q

What international institution could limit BE?

A

WTO

76
Q

Territorial extension

A

Need relevant territorial connection, but regulator needs to take account of conduct/circumstances abroad when applying the measure

77
Q

Google Spain v Agencia Espanola judgment

A

Remove inadequate, irrelevant or excessive info if individual applies - ensure ‘effective and complete protection’ of individuals

78
Q

Where is EU regulatory capacity most extensive?

A

Trade/competition policy

79
Q

Regulation 1099/2009 requirements

A

Spare animals avoidable pain, suffering and distress during preparation

80
Q

How would WTO limit BE?

A

Prevent restrictions on imports with less stringent regulations unless justified

81
Q

Directive 2008/101/EC considerations

A

Emissions abroad, third country measures and future conclusion of international agreement

82
Q

three conditions for DF BE

A

Market power, regulatory capacity, regulatory propensity for strict standards and non-divisibility

83
Q

Why are regs cheap?

A

Compliance borne by firms and implementing/enforcing done by Member Gs

84
Q

What is de facto BE

A

Companies choose to comply voluntarily outside EU

85
Q

Example of EU willing, for once, to endorse US extraterritoriality?

A

US Iran Sanctions

86
Q

Case on Directive 95/46 DPD firm-level

A

Google Spain v Agencia Espanola

87
Q

What link was found in Google Spain?

A

Between search engine service and activity of selling space

88
Q

Who argued EU’s internal motivation for BE is to protect high-cost producers from cheaper labour?

A

Czech President Vaclav Klaus

89
Q

Who highlighted how the EC has very limited power OTHER THAN that delegated to take all measures necessary to create and maintain single market?

A

Bradford

90
Q

Aviation Directive

A

Directive 2008/101/EC

91
Q

How is the EU strong in terms of power

A

Global regulatory power

92
Q

Who compared the advantages of policy and market-driven harmonisation?

A

Bradford

93
Q

How is REACH criticised internationally

A

Significant costs/impedes innovation and development

94
Q

In what way can EU be seen to have greater regulatory capacity than the US?

A

Can prohibit mergers/impose remedies w/o court judgment

95
Q

DPD country-level TE

A

3rd needs adequate protection of DP

96
Q

SB 509 general

A

Toxic Clearinghouse

97
Q

Mosley v UK general

A

Formula 1

98
Q

Air Transport v SoS for Energy & Climate Change judgment

A

no infringement of Aviation Directive on territoriality/sovereignty of 3rds

99
Q

Globe-level TE

A

Account for conduct/circumstances across entire globe

100
Q

SPECIFIC example of 3rd using REACH data

A

SB 509

101
Q

Example of WTO preventing EU restriction on import

A

Growth Hormone Beef

102
Q

Directive 95/46 DPD trigger for firm-level

A

Presence of subsidiary in EU - can control foreign parent

103
Q

What did Bradford argue about EU’s internal BE motivation?

A

Level playing field and reflects bureaucratic EC interests

104
Q

What was weight given to in Schrems?

A

EU Charter

105
Q

Three instruments on Firm-level territorial extension

A

Reg 391/2009 Recognised Organisation, Capital Requirements Directive 4 and Data Protection Directive

106
Q

What in DPD is a novel jurisdictional trigger

A

Non-EU data controllers, when using EU computer equipment for processing personal data, are within EU

107
Q

What shows EU fears false negative regs?

A

Precautionary principle

108
Q

Restriction of Hazardous Substances Directive general

A

Prohibition of substances in electrical equipment

109
Q

Regulation 1236/2009

A

Goods for cruel treatment

110
Q

What is de jure BE

A

EU legislation internally and 3rd mimic

111
Q

Firm-level territorial extension

A

Account of conduct/circumstances outside EU pertaining to a specific firm

112
Q

Who gave three ways REACH extends beyond EU borders?

A

Biedenkopf

113
Q

Why did Alsenoy and Koekkoek say global implementation only justified if reasonable?

A

Interferes with national sovereignty

114
Q

Schrems v Data Protection Commissioners general

A

Inadequate standards of safe harbour privacy principles

115
Q

What is an example of a corporation who ensured compliance globally with REACH?

A

DOW Chemicals

116
Q

Article 29 working party on domain-based

A

Woefully inadequate because of circumvention possibility

117
Q

Why is EU regulatory capacity most extensive in trade/competition policy

A

Central to single market

118
Q

Example of country-level territorial extension in EU Aviation Directive

A

Similar measures in 3rd?

119
Q

Novel jurisdictional trigger in OTC Derivatives Regulation

A

If contract has direct, substantial and foreseeable effect within EU OR obligation necessary to prevent evasion of Regulation

120
Q

What is a vital method of enforcement of EU instruments - regulatory capacity to enforce?

A

Sanctions

121
Q

What case showed EU already affects US companies in regard to data protection?

A

UEJF v Yahoo!

122
Q

Example of domain-based being sufficient

A

Mosley v UK

123
Q

Directive 2008/106

A

Seafarer directive

124
Q

Kogan

A

EU’s external motivation for BE is imperialism in environmental and food safety matters

125
Q

Reg 391/2009 Recognised Organisation trigger

A

Certifying EU ships as an RO

126
Q

Three examples of novel jurisdictional triggers

A

Data Protection Directive, OTC Derivatives Regulation and COM(2013)71 Financial Transaction Tax Proposal

127
Q

Czech President Vaclav Klaus

A

EU’s internal motivation for BE is to protect high-cost producers from cheaper labour elsewhere

128
Q

Example of technical non-divisibility

A

EU Data Protection Directive, Google

129
Q

How has Data Protection Directive been expanded?

A

Includes right to be forgotten and fines up to 2% annual global revenue

130
Q

Why might EU have been willing to endorse US Iran Sanctions?

A

Preceded by UNSC Resolution

131
Q

Why was Honeywell-GE merger prohibition by EU controversial?

A

Already cleared US antitrust authorities

132
Q

What do the strict standards need to be directed at for DF BE?

A

Inelastic targets

133
Q

Google Spain v Agencia Espanola general

A

Right to be forgotten

134
Q

UEJF v Yahoo! general

A

Nazi

135
Q

GENERAL example of 3rd using data generated by REACH

A

NGOs to raise public awareness

136
Q

Issuance principle

A

Com(2013)71 Financial Transaction Tax Proposal

137
Q

Biedenkopf

A

Three ways REACH extends beyond EU borders

138
Q

Consumer Data Privacy in a Networked World

A

Congress urged to adopt consumer privacy BoR

139
Q

How is the Reg 391/2009 Recognised Organisation enforced?

A

By EU Maritime Safety Agency

140
Q

Directive 2008/101/EC

A

Aviation Directive

141
Q

Safe harbour privacy principles adequate

A

Commission Decision 2000/520/EC

142
Q

Extraterritoriality

A

Obligations without territorial connection with regulation state

143
Q

Why was there no infringement of Aviation Directive on territoriality/sovereignty of 3rd?

A

Only attached jurisdiction when IN EU

144
Q

Reg 391/2009 Recognised Organisation requirements

A

Firm needs to comply worldwide, even when certifying non-EU flagged ships

145
Q

Goods for cruel treatment

A

Regulation 1236/2009

146
Q

What is EU currently negotiating with US in regard to DP?

A

Privacy Shield Agreement

147
Q

How can visible internal conflict be a source of strength for EU?

A

Helps secure concessions in politically-driven harmonisation

148
Q

What case shows international orientation is inherent in EU territorial extension?

A

Seafarer Directive

149
Q

Who argued EU’s external motivation for BE is altruism?

A

Bradford

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