Beruflich Dokumente
Kultur Dokumente
The Harvard European Law Association (HELA) is excited to welcome you to the 2018 Harvard
European Law Symposium, taking place on Friday April 6, 2018, entitled "Europe and the US:
isolationism first?"
Throughout the past decades, Europe and the US have enjoyed relative welfare from an economic,
social, and cultural perspective. As a result, foreign citizens and companies regularly seek access to
the European Single Market as well as US territory. However, from travel bans to trade wars on
both sides of the Atlantic, such requests for access have been met with various isolationist
tendencies.
In search of common legal and policy approaches to EU and US isolationism in the 21 st century, two
speeches and four high-level panel discussions will host a wide array of leading US and European
experts in international trade, migration, antitrust law, integration, data protection, and national
security.
This Symposium is funded by the Harvard Law School Dean of Students Grant Fund; Fulbright
Belgium / Luxembourg; the Real Colegio Complutense at Harvard University; and the Jean Monnet
ad Personam Chair in European Union Law and Government at Harvard University. It is organized
by the Harvard European Law Association, and institutionally supported by the Harvard Association
for Law and Business; the Harvard International Law Journal; and the Harvard Human Rights
Journal.
In case of any questions, please contact Mr. Richard Steppe (President of the Harvard European
Law Association) at rsteppe@llm18.law.harvard.edu.
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SYMPOSIUM AGENDA: PANELS & SPEAKERS
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Panel I. Access Denied: Recent Trends in EU and US Deportation Policies and
Practices (10:30 – 11:45)
Europe and the US have, throughout the past few years, grown into beacons of relative welfare,
stability, and safety. As a result, various third-country nationals seek access to the EU single
market as well as US territory. Nevertheless, it is sometimes questionable to what extent the EU,
US, and various nations are willing to share their “own” achievements. As demonstrated by the
recent US travel ban, as well as the EU’s reaction to the refugee crisis, both US and EU
governments invoke—among others—reasons of national security as a means to curb migration
flows. This panel therefore explores the nature and boundaries of such ‘isolationist’ claims and
anti-immigration measures in general, likewise covering human rights perspectives. In examining
this subject, the panel discussion aims to compare and learn from similar situations in the EU,
US, and other parts of the world.
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the first term of the administration, he served as a
Deputy Assistant Secretary of State for European and
Eurasian Affairs. He has been the executive director of a
Georgetown University-based NGO and a senior analyst
or visiting scholar with numerous think tanks, including
the Center for American Progress, the Center for
Transatlantic Relations at Johns Hopkins School of
Advanced International Studies, and the Woodrow
Wilson International Center for Scholars. He began his
career as a lawyer with international courts and
tribunals in The Hague, Zurich, and Paris.
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Boldizsár Nagy teaches refugee law and international law
at the Central European University in Budapest. He read
law and philosophy and received his PhD in law at the
Eötvös Loránd University (ELTE) in Budapest. He has
acted as expert for UNHCR, the Council of Europe and
the EU and was counsel for Hungary in the Gabcikovo-
Nagymaros Project case in front of the ICJ. Ankara,
Beijing, Brussels, Geneva, Kazan, Luxembourg, Moscow,
New York, Tbilisi, Yekaterinburg, and Yerevan are among
his former teaching venues.
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Panel II. David v. Goliath: Protectionism through EU and US Antitrust
Enforcement (12:00 – 13:15)
Non-pizza, warm lunch provided
By removing barriers to trade and competition, antitrust legislation has served as a prominent
instrument to catalyze growth and welfare in both EU and US economies. In recent times,
however, the US has highlighted an alleged protectionist focus by EU competition enforcement,
which increasingly targets US firms (e.g., Google, Starbucks). Simultaneously, the EU faces
important internal challenges, as its member states frequently provide financial incentives to
their ‘own’ companies. While EU competition enforcement addresses these issues through state
aid legislation, similar provisions do not exist in US antitrust law. More generally, the panel aims
to explore antitrust concerns of protectionism in a variety of (comparative) settings.
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Wouter Devroe is full professor at Maastricht University
and at KU Leuven, where he is also Vice Dean and Chair
of the Economic Law department. Professor Devroe has
always combined academia with practice, currently as
an attorney at the Brussels Bar (Allen & Overy) and as an
Expert Member at the Belgian Competition Authority.
Teaching and research primarily concern EU law, in
particular EU economic law. As an attorney, he
represents undertakings as well as national and EU
institutions at the European Commission, the General
Court and the Court of Justice in Luxembourg.
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Einer R. Elhauge is a Petrie Professor of Law at Harvard
Law School, where he writes and teaches on Antitrust
Law and Economics. Professor Elhauge is author of U.S.
Antitrust Law & Economics, co-author of Global Antitrust
Law & Economics, co-author of Areeda, Elhauge &
Hovenkamp, Vol X, Antitrust Law, editor of the Research
Handbook on the Economics of Antitrust Law, and the
author of articles on antitrust law and economics that
have won awards and appeared in peer-reviewed
economics journals and top law reviews. He is also
President of Legal Economics, LLC, former FTC Special
Employee on Antitrust Issues, member of the editorial
board for Competition Policy International, and member
of the advisory boards for the Journal of Competition
Law & Economics and for the Social Sciences Research
Network on Antitrust Law & Policy.
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Panel III. The Future of EU and US Integration: State, National, and
Supranational Power Balances (13:30 – 14:45)
Coffee / tea, cookies, muffins, and pie provided
The European Union owes a lot to its single market. Free movement of goods, capital, people,
and services, combined with free and fair competition, have paved the way for its economic
success. However—as shown by, e.g., Brexit, the rise of populism, as well as increased
protectionist tendencies—it appears that vital elements of this internal market are challenged. It
would be erroneous, however, to assume that such struggles are brand-new; conversely, the
balance between national and supranational competences lies at the core of the EU and is
reflected in many of its instruments. In the US, various frictions likewise exist between the state
and federal levels. More generally, this panel explores the future of EU single market integration
while comparing similar situations across the globe.
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Peter M. Huber is a Supreme Court Justice on the
German Federal Constitutional Court, the highest court
in Germany for constitutional issues. Prof. Huber was
appointed to the Court in November 2010 and serves in
the Court’s Second Senate. Prior to that appointment,
he served as Minister of the Interior for the State of
Thuringia. From 2007-2009, he served as a member of
the Constitutional Court (Staatsgerichtshof) of the Free
Hanseatic City of Bremen. From 2003-2004, he served as
an expert member of the Commission on the Reform of
the Federal System of Government established by the
German Federal Legislature (Bundestag and the
Bundesrat). From 1996-2002, in addition to his regular
duties, Prof. Huber served as a judge at the Higher
Administrative Court (Oberverwaltungsgericht) of the
State of Thuringia.
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European University Institute (EUI) in Florence and a
Visiting Professor at LUISS in Rome. She wrote National
Legal Traditions at Work in the Jurisprudence of the
CJEU (AJCL 2017) and co-edited EU Law Stories:
Contextual and Critical Histories of European
Jurisprudence (CUP 2017). She is currently the AALS
Chair of the EU law section.
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Panel 4. Global Digital Trade: The New Role of Data Protection in Trade
Agreement Negotiations (15:00 – 16:15)
Coffee / tea, cookies, muffin, and pie provided
The European Union has greatly benefited from globalization. An important catalyst of the latter
phenomenon is the increase in digital commerce, characterized by an expansion of both digital
commodities and currencies. These tendencies, however, likewise introduced fresh policy
challenges. The trade implications of the 2016 invalidation of the US–EU Safe Harbor Framework,
by the EU Court of Justice, were undisputed. Similarly, data localization laws are
considered—among others, by the US—as effective barriers to trade. Furthermore, in January
2018, the European Commission endorsed horizontal provisions for cross-border data flows and
personal data protection in trade negotiations: considering the fundamental status of personal
data protection in the EU, the Commission held that it cannot be subject to EU trade agreement
negotiations. The panel aims to discuss these elements, in which the EU and various nations
safeguard and impose their own data protection standards, in relation to major trade partners
such as the US and China.
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protection and reduce regulatory fragmentation on
digital issues; engaging with China to build trust and
understanding on issues related to cybersecurity and
cloud computing; supporting the efforts of governments
in India and Brazil to develop regulatory approaches to
encryption and IoT; and representing the global tech
sector in multilateral settings such as the G7, G20, Asia-
Pacific Economic Cooperation (APEC) forum, and World
Trade Organization (WTO) on issues affecting technology
and innovation.
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an industry liaison group founded to interact with the
United Nations Conference on Trade and Development
in order to promote economic development through e-
commerce and digital trade. Daniel also advises clients
regarding national trade remedy proceedings and WTO
disputes.
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School and Johns Hopkins School for Advanced
International Studies, and has been a guest lecturer on
digital trade at Columbia University Law School. Prior to
joining Brookings, Meltzer was posted as a diplomat at
the Australian Embassy in Washington D.C., worked as
an international trade lawyer and trade negotiator in
Australia’s Department of Foreign Affairs and Trade, an
attorney at Sackville Wilks & Co in Melbourne, Australia.
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In 2016, he was appointed by the World Trade
Organization to serve on the Advisory Board for the
WTO Chairs Programme. Professor Wu also serves on
the World Economic Forum’s Global Future Council on
Trade and Foreign Direct Investment. In addition, he
works with the World Bank on assessing trade
agreements and serves on multiple expert groups
convened by the International Centre for Trade and
Sustainable Development. He is an Editorial Board
member of the World Trade Review and of the World
Intellectual Property Organization’s series on intellectual
property, innovation and economic development.
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Closing Address by Prof. Enrico Spolaore (16:20 – 17:00)
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Networking Cocktail Reception (17:00 – 18:30)
Both alcoholic and non-alcoholic drinks provided
At the end of the conference, the Harvard European Law Association hosts a cocktail reception
for the audience to interact with the speakers as well as with one another.
During this reception, original posters of the US Marshall plan will be displayed. These posters,
printed in 1950 to help promote the Marshall Plan among recipient European nations, comprise
a beautiful set of designs that promote European peace, cooperation, and integration. As the bill
enacting the Plan was signed by US President Truman on April 3, 1948, this Symposium takes
place in the week of the 70th anniversary of the Plan’s implementation. The posters are
generously offered for display by Mr. Andres de Riva (see below).
Andres came to know of the 1950 poster competition to help promote the Marshall Plan when
browsing vintage poster stores in New York City more than four years ago. He instantly fell in
love with the messages of peace and cooperation conveyed by the impactful designs. His interest
in the posters and their potential effect on viewers increased with time, and he decided he’d
slowly collect an original copy of each of the 25 winning designs to allow others to enjoy and
reflect, and hopefully feel inspired to take action.
Four years later, Andres completed the collection with the generous support of the Harvey
Family. The posters were exhibited for the first time as part of the 2018 European Conference at
HKS. His purpose behind the collection is threefold: (1) to celebrate the 70th anniversary of the
Plan’s implementation as well as to honor this act of generosity, diplomacy, and daring vision;
(2) to remind viewers of the power of art in delivering a unifying message and in promoting a
noble endeavor; and (3) to instill in Europeans and Americans today the importance of discussing
shared values while reinforcing the need to build social and cultural cohesion within Europe.
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SPONSORS AND SUPPORTING FACULTY
The 2018 Harvard European Law Symposium is generously sponsored and supported by several
institutions and faculty members, to whom we would like to offer our sincerest gratitude.
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activities particularly focus on Harvard and MIT. The Chair
is one of the few Jean Monnet ad personam Chairs existing
in the United States, and is part of the EU Jean Monnet
Network in the US.
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Europe at the Minda de Gunzburg Center for European
Studies at Harvard. Martínez is Academic Advisor of the
European Horizons at Yale University, and one of the
faculty members involved in the European Conference at
Harvard University. He is the principal investigator of the
European Union Project "Enhancing governance of EU
policies: legal and institutional learnings from a US-EU
dialogue”
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2018 HARVARD EUROPEAN LAW SYMPOSIUM
ORGANIZING COMMITTEE
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César Álvarez Alonso is Vice President of the Harvard European Law
Association, Executive Director of the Real Colegio Complutense at
Harvard University, Visiting Researcher at the Institute for Global
Law and Policy at the Harvard Law School, as well as co-chair of the
“Internationalization and Innovation in Higher Education” and
“Private Investment in Education” Study Groups. He holds an M.A.
in Law, M.A. in Political Science and Public Administration from
Complutense University in Madrid, M.A. in University Management
from Alcala University, and J.D. in Law from University of Valladolid.
He holds a Ph.D. in Law and Political Science from University Pablo
de Olavide with international mention. César is also chair and
Steering Group Member of the Strategy and Management Expert
Community at the European Association for International Education
based in Amsterdam.
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