Emory International Law Review

Volume 31Issue 4

Do the Decision-Making Mechanisms in the EU Undermine Member States’ National Interest?: A Case Study of the Sanctions Regime

Melanie C. Papadopoulos | 31 Emory Int'l L. Rev. 553 (2017)

Following the shocking results of the Brexit referendum in June 2016 and the Greek referendum rejecting austerity measures in 2015, many believe that the EU is undergoing a legitimacy crisis. The most vocal Eurosceptics claim that the EU threatens individual Member State sovereignty, with the chief concern being that the EU’s decision-making mechanisms are leaving certain Member States overruled in major decisions. This Comment explores the decision-making mechanisms employed at the supranational level of the EU, with a particular focus on the EU’s sanctions regime, revealing the heart of the struggle between efficiency in decision-making and preservation of national sovereignty. This Comment concludes that the safeguards in place in the founding treaties are flawed, but there are solutions available to improve the decision-making process in the sanctions regime.

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Foreign Account Tax Compliance Act: What It Could Mean for the Future of Financial Privacy and International Law

John S. Wisiackas | 31 Emory Int'l L. Rev. 583 (2017)

The Foreign Account Tax Compliance Act (FATCA) is a U.S. regulation enacted for the primary purpose of combatting tax evasion and terrorism financing. FATCA attempts to achieve this objective by requiring the financial information of all individuals the Act defines as “U.S. persons” to be reported to the U.S. Internal Revenue Service. While FATCA strives to abate financial criminality, it is mired with legal issues affecting U.S. law, the laws of foreign nations, and international law as a whole. This Comment argues that FATCA needs to be challenged in domestic courts of law and on the international stage. This Comment further argues that if FATCA does not face legal opposition, or is at least not given further scrutiny, it has the potential to end financial privacy and calls into question the traditional process by which a domestic law can become international law.

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