BOSTON COLLEGE
Boston College International & Comparative Law Review

Student
Publications

Volume 24 2000 Number 1

[Pages 1-12]
IN MEMORY OF SANFORD JACOB FOX

[Pages 13-84]
THE WESTERN EUROPEAN UNION, YUGOSLAVIA, AND THE (DIS)INTEGRATION OF THE EU, THE NEW SICK MAN OF EUROPE
William Bradford*

Abstract:  This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe’s failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political framework, the WEU is not a realistic alternative to NATO in the “post-post-Cold War era” and that continued failure to craft a European defense identity and to meld it to effective European security institutions will prevent the EU from generating cohesive force in international relations and, ultimately, will threaten the project of European integration.

[Pages 85-144]
THE APPROACHES OF THE EUROPEAN COMMISSION AND THE U.S. ANTITRUST AGENCIES TOWARDS EXCLUSIVITY CLAUSES IN LICENSING AGREEMENTS
Sergio Baches Opi*

Abstract:  This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity clauses. These different approaches in the U.S. and the E.U. may be explained by the fact that, unlike U.S. antitrust agencies, the Commission still perceives competition rules as an instrument to attain a wider objective: i.e. market integration. This Article concludes that, in view of the achievements of the market integration process in the E.U., it is time for the Commission to adopt a more liberal approach towards these types of clauses.

[Pages 145-160]
THE EUROPEAN COMMISSION'S DIRECTIVE ON ELECTRONIC SIGNATURES: TECHNOLOGICAL "FAVORITISM" TOWARDS DIGITAL SIGNATURES
Andrew Barofsky

Abstract:  The increasing use of e-commerce generally is considered a positive trend that should be fostered. Yet, many lawmakers believe that laws requiring signatures to authenticate certain transactions represent obstacles to e-commerce and threaten to keep it from reaching its full potential. In the European Union, several Member States have drafted or enacted “electronic signature” laws to define the legal validity of electronic signatures. However, many of these laws are taking diverging approaches, thus creating an inconsistent framework for electronic signatures. In response, the European Commission recently adopted a directive to provide a common framework for electronic signatures. In its present form, the Signature Directive appears to favor the use of a particular type of electronic signature called a digital signature to the potential detriment of other current and future technologies. This Note examines the Signature Directive’s approach to defining the legal validity of electronic signatures and concludes that the Commission should revise the Signature Directive to take a more technologically neutral approach.

[Pages 161-176]
RECOMMENDATIONS FOR THE CURBING OF CORRUPTION, CRONYISM, NEPOTISM, AND FRAUD IN THE EUROPEAN COMMISSION
Kelly Li

Abstract:  The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of corruption. On March 16, 1999, the independent panel issued a scathing report of a “sad catalog of negligence and mismanagement” by the Commissioners. This report not only identified individual instances of mismanagement, cronyism, nepotism, and fraud but also excoriated the Commission for lacking “even the slightest sense of responsibility.” As a result, in an unprecedented and sensational move, the entire Commission resigned immediately. The European Commission’s inherent structure may encourage governmental abuses, inefficiency, and corruption, and the author discusses the deficiencies of this structure. In light of these deficiencies, the author reviews a variety of recommendations posited by the panel of independent experts and other critics for increasing accountability and preventing corruption. Of these, she concludes that the creation of an Independent Prosecutor’s Office would be pivotal in the curbing of corruption by increasing the efficiency and accountability of the Commission.

[Pages 177-190]
THE EUROPEAN HEALTHCARD: THE TIME TO LEGISLATE IS NOW
Rosemary E. Libera

Abstract:  The European Union for years has considered introducing a healthcard that citizens of all Member States could carry to help facilitate the provision of health care throughout the EU. Such a card would ensure that care providers in all Member States could access the medical information of those patients who do not reside in the country where care is being provided. In the wake of the EU’s failure to introduce such a card, many Member States have developed their own incompatible healthcard technologies. The EU must implement a universal healthcard in the near future in order to prevent the further development of technologically advanced but functionally incompatible healthcard systems.

[Pages 191-204]
EXEMPTIONS TO THE EUROPEAN UNION PERSONAL DATA PRIVACY DIRECTIVE: WILL THEY SWALLOW THE DIRECTIVE?
Stephen A. Oxman

Abstract:  This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if Member States interpret these exemptions restrictively when enacting legislation pursuant to the Directive.

[Pages 205-218]
THE NEED FOR CENTRALIZED SECURITIES REGULATION IN THE EUROPEAN UNION
Karen M. Smith

Abstract:  Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This Note discusses the ISD’s failure to result in a fully integrated market and concludes that EU markets need supervision by a centralized regulatory body to allow them to become fully integrated.

[Pages 219-234]
WILL THE GREAT BANANA WAR EVER END: WILL THE TARIFF ONLY SYSTEM BE THE SOLUTION?
Jessica L. Spiegel

Abstract:  The European Union and the United States are in the midst of the Great Banana War, a trade dispute over EU banana tariffs. The World Trade Organization authorized sanctions against the EU, effective until the EU modifies its banana tariff system to comply with WTO rules. Meanwhile, the EU’s former colonies, the ACP nations, are caught in the precarious position of losing the EU’s preferential treatment concerning the banana tariffs. This Note highlights the issues surrounding this conflict and advocates on behalf of the EU’s latest re-configuration of its tariff system.