Articles for category: AAA General

TikTok’s last dance

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“On January 19, we still have President Biden, and on January 19, as I understand it, we shut down.” With these words—foreshadowing the final ban of the TikTok app in the United States—Noel Francisco, legal representative of ByteDance, the Chinese parent company, addressed the U.S. Supreme Court during oral arguments on January 10, 2025. One week later, the Supreme Court issued its ruling: TikTok’s appeal was dismissed. The court’s reasoning merits examination, while the implications remain uncertain, particularly as a Trump executive order temporarily blocks the ban’s enforcement.

29. Januar 2025

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The Diversity of Legal Governance of Memory in Europe

Memory laws pose a set of distinct challenges for modern democracies, including in the realm of human rights law. In the four reports, conducted during the MEMOCRACY project, we took stock of the dynamics, trade-offs, and the effects of legal governance of historical memory in a region ridden with mnemonic conflicts. This contribution distils the most interesting comparative findings of the reports, namely the fact that the countries’ own and foreign experiences with totalitarianism are legally and politically approached very differently. On this basis, we sketch the consequences and challenges of these fundamental differences, both for the establishment of a “European memory” and the various states’ approaches to modern geopolitics.

28. Januar 2025

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Omnipresent History

Present-time politics are, to an unprecedented extent, shaped by struggles over how to remember the past: Putin’s war of aggression against Ukraine is led in the name of history; Germany’s wrestling with the war in Gaza is largely determined by its memory of the Holocaust, to give just two examples. However, historical narratives have not only swept into politics, but also into law.

27. Januar 2025

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Elon Musk’s Wake-up Call for Europe

Viewing Elon Musk’s recent forays into (electoral) politics in Europe primarily as a geopolitical wake-up call to European leaders, our analysis focuses on the promise and relative weaknesses of law and policy solutions as well as institutional arrangements the EU has put in place to protect European democracies from foreign interference. The EU and its Member States must adapt quickly to the new international realities if they do not want to be norm-takers rather than norm-shapers on major international dossiers.

27. Januar 2025

Countering the Tech Oligarchy

Seeing Elon Musk with Donald Trump at the latter’s inauguration, it would be tempting to single him out as a unique and overbearing threat to a range of EU interests, such as its online environment, election integrity and regulatory capacity. But that would be to miss the point of a larger trend; what Joe Biden has termed the “tech-industrial complex” is not limited to the US. It, and an associated worldwide oligarchy, is converging with ascendant ultra-nationalist political agendas to pose wide-ranging challenges.

24. Januar 2025

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The US Supreme Court and Plutocracy

Populist authoritarianism is a global phenomenon. However, the US is the only so-called consolidated democracy where its ascent has been eased by the systematic dismantling of legal limits on campaign donations. US elections are now not only the world’s most costly, but they are also directly subject to the inordinate influence of wealthy individuals and corporations. The Supreme Court of the United States’ 2010 Citizens United v. Federal Election Commission ruling has paved the way for the emergence of so-called “super” PACS (political action committees) that, while formally barred from coordinating with candidates or parties, can accept unlimited corporate contributions.

24. Januar 2025

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One Step Further Towards Global Plutocracy

On his first day in office, US President Donald Trump signed dozens of Executive Orders on various issues. Among those receiving little public attention was the announcement of the US withdrawal from the OECD project on reforming global corporate taxation. This step, although expected, is a major setback for the only global plan aimed at increasing economic fairness that has any real chance of success.

24. Januar 2025

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Sri Lanka’s Constitutional Council Comes Into Its Own

2024 was full of landmark decisions, and the Supreme Court of Sri Lanka ended the year with another one for the history books. In Pathirathne v Abeywardena and others, the court dealt with the controversial issue of the constitutional council’s refusal to approve the president’s nomination of a judge to the Supreme Court. This was the first case seeking review of a decision of the constitutional council. I argue that the decision is significant because the court affirms the council’s role in securing judicial independence, overrules (by implication) previous remarks on the council’s purpose, and strengthens the culture of inter-branch accountability.

24. Januar 2025

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