European Court of Human Rights Expands Privacy Protections: Copland v. United Kingdom
The European Court of Human Rights recently decided Copland v. United Kingdom, in which the court expanded the basis and extent of protection for personal data in a variety of settings, including the workplace. This decision may further widen the gulf between U.S. and European data protection laws and create challenges for multinational businesses and other organizations operating in Europe. This Insight describes the case and considers the implications of this international legal ruling.
German Constitutional Court Rules on Necessity in Argentine Bondholder Case
Recently, the German Constitutional Court handed down a decision that Argentina could not invoke necessity as an affirmative defense against claims by private individuals for the country’s default on bonds in early 2002. The decision, one of only a few dealing with necessity under international law, is the first to raise the question whether necessity can be invoked in domestic court proceedings as a defense to the breach of a private law contract entered into with private individuals. The decision is also likely to be of interest in the multiple pending and impending investment arbitrations against Argentina in which necessity plays a central role as an affirmative defense against the alleged breach of various bilateral investment treaties.