EU Law - Global Reach Flashcards
(149 cards)
1
Q
Regulation 1236/2009 requirements
A
No exporting of death penalty drugs
2
Q
How does WTO sometimes facilitate BE?
A
Limited ability of EU trading partners to respond with unilateral retaliation
3
Q
What does the OTC Derivatives Regulation introduce?
A
Clearing house of derivatives to increase transparency and reduce financial risk
4
Q
How is the EU weak in terms of power
A
Military
5
Q
Capital Requirements Directive 4 triggr
A
Banker’s bonus
6
Q
Com(2013)71 Financial Transaction Tax Proposal novel jurisdictional trigger
A
Issuance principle
7
Q
Rosen
A
Data Protection Directive is the ‘biggest threat to freedom of speech on the Internet in the coming decade’
8
Q
Country-level territorial extension
A
Account for conduct/circumstances in 3rd
9
Q
How many consumers in EU?
A
500,000,000
10
Q
When is Firm-level territorial extension common?
A
Financial services
11
Q
Example of geo-filtering being sufficient
A
UEJF v Yahoo!
12
Q
Directive 2008/106 requirements
A
Minimum level of training for seafarers to match EU standard
13
Q
Two external constraints on BE
A
Market, international institutions and other states
14
Q
California Waste Recycling Act 2003 general
A
Same bans as under RoHSD AND include any amendments
15
Q
Financial Transaction Tax Proposal
A
Com(2013)71
16
Q
Who identifies the conditions for de facto BE?
A
Bradford
17
Q
Example of legal non-divisibility
A
Honeywell-GE merger
18
Q
Two examples of technical non-divisibility
A
GMOs and Data Protection Directive
19
Q
Who called Data Protection Directive the ‘biggest threat to freedom of speech on the Internet in the coming decade’?
A
Rosen
20
Q
Three possible ways of implementing Google Spain v Agencia Espanola
A
Domain-based, global implementation or geo-filtering
21
Q
Capital Requirements Directive 4 requirements
A
Non-EU subsidiaries to EU parent need to comply
22
Q
What country challenged Capital Requirements Directive 4?
A
UK
23
Q
What is transaction level territorial extension?
A
Concerns a particular batch
24
Q
Nazi
A
UEJF v Yahoo!
25
Three ways EU incentivises compliance by 3rd?
Dilutes intensity of regulatory demands, flexibility in conditions and one-stop-shop access to EU market
26
Data Protection Directive
Directive 95/46
27
What country fear 'false positive' regulations?
US
28
What can the brussels effect be contrasted with
California effect
29
Directive 2008/101/EC TRIGGER
Taking off or landing in EU
30
UEJF v Yahoo! judgment
Take all necessary measures to prevent French access
31
OTC Derivatives
Regulation 468/2012
32
What shows US finally following EU lead in privacy protection?
Consumer Data Privacy in a Networked World, Report from White House to Congress
33
Who explored the distinction between territorial extension and extraterritoriality?
Scott
34
Name at least two advantages of MDH
Low cost, easily implemented, no need for states to agree on global standards and efficient
35
What is the issuance principle?
As long as transaction involves EU-issed financial instrument, Directive applies
36
Name at least two advantages of policy-driven harmonisation
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
37
Who highlighted how regulatory influence works both ways - EU to 3rd and 3rd to EU?
Scott
38
What is an example of a divisible market?
Labour markets
39
Why does the EU criticise US territorial extension?
Seems to pursue US-only interests
40
What do strict regulatory standards show?
Aversion to risk and commitment to social market
41
SB 509 content
EU data main source feeding into it
42
When was the injunction imposed in UEJF v Yahoo!?
Once court satisfied technically feasible for Yahoo! to determine origin of page request
43
Importing Animal Products
Regulation 1099/2009
44
What percentage of GDP is EU budget?
1%
45
What is an example of EU giving US producers a forum to challenge competitors?
United Technologies in GE-Honeywell merger
46
Example of transaction-level territorial extension
EU Aviation Directive - worldwide volume of emissions from single flight
47
Example of oversight mechanism under Privacy Shield Agreement
US Ombudsman
48
Three ways REACH extends beyond EU borders
Extend internal processes to 3rd, allow 3rd to use data generated and motivate similar regulations through learning, emulation and competition
49
Regulation 1099/2009
Importing Animal Products
50
Directive 2008/106 trigger
Seafarer on EU shop
51
Four types of non-divisibility
Technical, legal, informational and economic
52
What Directive enforces international standard?
Seafarer Directive
53
Example of globe-level TE
EU Aviation Directive on possible future international agreement
54
Three general examples of territorial extension
Animal pain and suffering, capital punishment drugs and Aviation Directive
55
Case on Directive 2008/101/EC
Air Transport v SoS for Energy & Climate Change
56
Restriction of Hazardous Substances Directive was copied in what Act?
California Waste Recycling Act 2003
57
Who argued EU's internal motivation for BE is to ensure a level playing field?
Bradford
58
REACH obligations and content
Burden of proof on manufacturer, not regulator, and low regulatory threshold (precautionary principles)
59
Commission Decision 2000/520/EC
Safe harbour privacy principles adequate
60
Who argued EU's external motivation for BE is imperialism in environmental and food safety matters?
Kogan
61
Author of brussels effect
Anu Bradford
62
Who argued global implementation only justified if reasonable?
Alsenoy and Koekkoek
63
What two concerns of safe harbour principle did CJEU express in Schrems?
Self-certification without monitoring procedure and open-ended exceptions without monitoring mechanisms
64
Give at least two examples of country-level territorial extension
EU Aviation Directive, Seafarer Directive and DPD
65
Why are WTO remedies imperfect?
No enforcement (other than sanctions), restricted mandate to ban discrimination and WTO sometimes facilitates BE
66
What state fear false negative regulations?
EU
67
Article 29 WP suggestion to implement Google Spain decision
Global implementation
68
Two internal constraints on BE
Missing conditions for URG or internal conflicts between corporations/growing heterogeneity of the population
69
Who came up with the california effect
Vogel
70
What i global implementation
Removal from all versions
71
How are internal EU processes extended to 3rd according to Biedenkopf?
Need to register and authorise when on EU market, and including in policy-making bodies
72
Where is EU regulatory capacity most restricted?
Common Foreign and Security Policy
73
Three things added to Privacy Shield Agreement recently
Greater limitations on exceptions, new oversight mechanisms and joint EU-US governmental process to monitor self-certification
74
What Directive did California copy in California Waste Recycling Act 2003?
Restriction of Hazardous Substances Directive
75
What international institution could limit BE?
WTO
76
Territorial extension
Need relevant territorial connection, but regulator needs to take account of conduct/circumstances abroad when applying the measure
77
Google Spain v Agencia Espanola judgment
Remove inadequate, irrelevant or excessive info if individual applies - ensure 'effective and complete protection' of individuals
78
Where is EU regulatory capacity most extensive?
Trade/competition policy
79
Regulation 1099/2009 requirements
Spare animals avoidable pain, suffering and distress during preparation
80
How would WTO limit BE?
Prevent restrictions on imports with less stringent regulations unless justified
81
Directive 2008/101/EC considerations
Emissions abroad, third country measures and future conclusion of international agreement
82
three conditions for DF BE
Market power, regulatory capacity, regulatory propensity for strict standards and non-divisibility
83
Why are regs cheap?
Compliance borne by firms and implementing/enforcing done by Member Gs
84
What is de facto BE
Companies choose to comply voluntarily outside EU
85
Example of EU willing, for once, to endorse US extraterritoriality?
US Iran Sanctions
86
Case on Directive 95/46 DPD firm-level
Google Spain v Agencia Espanola
87
What link was found in Google Spain?
Between search engine service and activity of selling space
88
Who argued EU's internal motivation for BE is to protect high-cost producers from cheaper labour?
Czech President Vaclav Klaus
89
Who highlighted how the EC has very limited power OTHER THAN that delegated to take all measures necessary to create and maintain single market?
Bradford
90
Aviation Directive
Directive 2008/101/EC
91
How is the EU strong in terms of power
Global regulatory power
92
Who compared the advantages of policy and market-driven harmonisation?
Bradford
93
How is REACH criticised internationally
Significant costs/impedes innovation and development
94
In what way can EU be seen to have greater regulatory capacity than the US?
Can prohibit mergers/impose remedies w/o court judgment
95
DPD country-level TE
3rd needs adequate protection of DP
96
SB 509 general
Toxic Clearinghouse
97
Mosley v UK general
Formula 1
98
Air Transport v SoS for Energy & Climate Change judgment
no infringement of Aviation Directive on territoriality/sovereignty of 3rds
99
Globe-level TE
Account for conduct/circumstances across entire globe
100
SPECIFIC example of 3rd using REACH data
SB 509
101
Example of WTO preventing EU restriction on import
Growth Hormone Beef
102
Directive 95/46 DPD trigger for firm-level
Presence of subsidiary in EU - can control foreign parent
103
What did Bradford argue about EU's internal BE motivation?
Level playing field and reflects bureaucratic EC interests
104
What was weight given to in Schrems?
EU Charter
105
Three instruments on Firm-level territorial extension
Reg 391/2009 Recognised Organisation, Capital Requirements Directive 4 and Data Protection Directive
106
What in DPD is a novel jurisdictional trigger
Non-EU data controllers, when using EU computer equipment for processing personal data, are within EU
107
What shows EU fears false negative regs?
Precautionary principle
108
Restriction of Hazardous Substances Directive general
Prohibition of substances in electrical equipment
109
Regulation 1236/2009
Goods for cruel treatment
110
What is de jure BE
EU legislation internally and 3rd mimic
111
Firm-level territorial extension
Account of conduct/circumstances outside EU pertaining to a specific firm
112
Who gave three ways REACH extends beyond EU borders?
Biedenkopf
113
Why did Alsenoy and Koekkoek say global implementation only justified if reasonable?
Interferes with national sovereignty
114
Schrems v Data Protection Commissioners general
Inadequate standards of safe harbour privacy principles
115
What is an example of a corporation who ensured compliance globally with REACH?
DOW Chemicals
116
Article 29 working party on domain-based
Woefully inadequate because of circumvention possibility
117
Why is EU regulatory capacity most extensive in trade/competition policy
Central to single market
118
Example of country-level territorial extension in EU Aviation Directive
Similar measures in 3rd?
119
Novel jurisdictional trigger in OTC Derivatives Regulation
If contract has direct, substantial and foreseeable effect within EU OR obligation necessary to prevent evasion of Regulation
120
What is a vital method of enforcement of EU instruments - regulatory capacity to enforce?
Sanctions
121
What case showed EU already affects US companies in regard to data protection?
UEJF v Yahoo!
122
Example of domain-based being sufficient
Mosley v UK
123
Directive 2008/106
Seafarer directive
124
Kogan
EU's external motivation for BE is imperialism in environmental and food safety matters
125
Reg 391/2009 Recognised Organisation trigger
Certifying EU ships as an RO
126
Three examples of novel jurisdictional triggers
Data Protection Directive, OTC Derivatives Regulation and COM(2013)71 Financial Transaction Tax Proposal
127
Czech President Vaclav Klaus
EU's internal motivation for BE is to protect high-cost producers from cheaper labour elsewhere
128
Example of technical non-divisibility
EU Data Protection Directive, Google
129
How has Data Protection Directive been expanded?
Includes right to be forgotten and fines up to 2% annual global revenue
130
Why might EU have been willing to endorse US Iran Sanctions?
Preceded by UNSC Resolution
131
Why was Honeywell-GE merger prohibition by EU controversial?
Already cleared US antitrust authorities
132
What do the strict standards need to be directed at for DF BE?
Inelastic targets
133
Google Spain v Agencia Espanola general
Right to be forgotten
134
UEJF v Yahoo! general
Nazi
135
GENERAL example of 3rd using data generated by REACH
NGOs to raise public awareness
136
Issuance principle
Com(2013)71 Financial Transaction Tax Proposal
137
Biedenkopf
Three ways REACH extends beyond EU borders
138
Consumer Data Privacy in a Networked World
Congress urged to adopt consumer privacy BoR
139
How is the Reg 391/2009 Recognised Organisation enforced?
By EU Maritime Safety Agency
140
Directive 2008/101/EC
Aviation Directive
141
Safe harbour privacy principles adequate
Commission Decision 2000/520/EC
142
Extraterritoriality
Obligations without territorial connection with regulation state
143
Why was there no infringement of Aviation Directive on territoriality/sovereignty of 3rd?
Only attached jurisdiction when IN EU
144
Reg 391/2009 Recognised Organisation requirements
Firm needs to comply worldwide, even when certifying non-EU flagged ships
145
Goods for cruel treatment
Regulation 1236/2009
146
What is EU currently negotiating with US in regard to DP?
Privacy Shield Agreement
147
How can visible internal conflict be a source of strength for EU?
Helps secure concessions in politically-driven harmonisation
148
What case shows international orientation is inherent in EU territorial extension?
Seafarer Directive
149
Who argued EU's external motivation for BE is altruism?
Bradford
