Deep-water technology and commercial interests have put the protection of underwater cultural heritage under considerable pressure in recent decades. Yet the 2001 UNESCO Convention has the potential to fend off the threat—if fully implemented. This article sets out the legislative duties States Parties have under one of the Convention's core provisions: Article 16. It requires States Parties to take a triad of legislative measures: they must enact prohibitions, impose criminal sanctions and establish corresponding jurisdiction over their nationals and vessels. In addition, the comprehensive protection of underwater cultural heritage also necessitates measures covering acts of corporate treasure hunters, even though this is not required by the Convention itself.

With the constant flow of data across jurisdictions, issues regarding conflicting laws and the protection of rights arise. This article considers the EU–US data transfer relationship in the aftermath of the decision in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems where the Court of Justice of the European Union (CJEU) invalidated an EU–US data transfer agreement for the second time in just five years. This judgment continues the line of cases emphasising the high value the Court places on securing EU personal data in accordance with EU data protection standards and fundamental rights. This article assesses the implications of the ruling for the vulnerable EU–US data transfer relationship.

The proliferation and abuse of cyber surveillance technology is a global policy problem. The Wassenaar Arrangement is a central platform of international cooperation for regulating dual-use goods and technologies and the so-called ‘cyber’ amendments to Wassenaar have created a multilateral control mechanism for the export of cyber surveillance technology. Following criticism of the repressive use of ICT-powered surveillance tools supplied by private companies in the early 2010s, Wassenaar States revised the Arrangement to regulate certain types of surveillance. This article begins by examining key features of the cyber amendments. Based on the analysis of recent export control law reforms in the three leading State actors in the production, sales and governance of cyber surveillance technology—namely the United States, China, and the European Union—the article identifies the diminishing importance of the Wassenaar Arrangement. It also shows how approaches in the three jurisdictions diverge not only from the terms of equivalent Wassenaar controls, but also from one another. They all aim to become a stronger and more autonomous entity in the regulation of cyber surveillance technology. In the face of escalating confrontation between the G2 concerning emerging technologies, it will be interesting to see how the EU's turn to a more human rights-centred approach to governing the export of cyber surveillance technology will be received by the US and Chinese governments in the long run and how it will interact with export control reforms designed with competing geopolitical, commercial and security agendas.

Writing 62 years ago, Georg Schwarzenberger posited that international criminal law did not exist. As long as some States, those larger or more powerful, were held to a different standard, or, in fact, not held to account at all, it was premature to speak of such a thing. For Schwarzenberger, international criminal law was a misnomer without universal criminal justice. This article considers whether that same criticism can be made of international criminal law today. Indeed, it asks whether this is a realistic expectation in the first place. The recently concluded Review Conference of the International Criminal Court in Kampala, Uganda is seen as an ideal juncture at which to do so. This article analyses what is meant by the term international criminal law and then selects two models; the International Criminal Court and the exercise of universal jurisdiction, to gauge the success, or failure, of international criminal law in satisfying Schwarzenberger's criterion.

The prospects for international administrative law and the international administrative legal system in the future and particularly in the next century will be determined to a large extent by how much importance the world attaches to international organisations and particularly to the maintenance of an independent international civil service as a means of securing international peace and security, promoting development and fostering international co-operation. Not only must there be a change in the current attitude of certain governments towards international organisations as a means to this end but there must also be a more sanguine approach to the singular importance of an independent civil service in the process. What can be said about the international administrative legal system and international administrative law in the future must be conditioned necessarily to a large extent by assumptions made about what is going to happen in the future to both international organisations and the civil service.

International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has engaged in legal diplomacy while adjudicating both on the land rights of indigenous groups and on Lesbian Gay Bisexual Transgender Queer and Intersex (LGBTQI) rights. It is argued that, in order to effectively avoid and mitigate backlash, international courts should deploy resilience techniques that go beyond merely exercising their judicial function. The successful deployment of resilience techniques can allow international courts to become significant actors in global governance during a time of crisis for the international liberal order.

The object of this short note is to draw attention to a decision of the Special Commissioners of Inland Revenue (the Commissioners) which deals with the liability for income tax of officials of an unrecognised State.1 Section 321 of the Income and Corporation Taxes Act 1988 (the Taxes Act) provides exemption from liability for income tax for foreign consuls in the United Kingdom and for “an official agent in the United Kingdom for any foreign state, not being … a Commonwealth citizen”. An “official agent” is a person, other than a consul, “who is employed on the staff of any consulate, official department or agency of a foreign state”.

In a famous act of studied neutrality the framers of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)1 left nations adhering to the Agreement completely free, in Article 6 of that document, to determine the extent to which they would allow the parallel importation of products affected by intellectual property rights which had been lawfully placed on the market outside the jurisdiction.2 The hands off approach embodied in Article 6 came as no surprise to commentators and TRIPS watchers. What to do about parallel importing has always been an issue which has deeply divided the world's trading nations and continues to be the subject of vigorous debate within them.3 Intellectual property owners and their licensees are uniting across national borders not just to defend historically entrenched advantages but also to portray these advantages as so much a part of the post TRIPS order that their extension (at home as well as abroad) seems both natural and inevitable. Importers and would-be importers outside existing distribution networks not unnaturally remain sceptical of arguments which threaten to replace tariffs and import restrictions with private law barriers to entry, barriers backed by both civil and criminal sanctions. In Australia and New Zealand these self-interested opponents of parallel importing have, in recent years, been joined in their scepticism by competition regulators and policy makers eager to bring to bear on the debate economic insights derived from detailed analyses of the impact of such restrictions both on particular product markets and the national economy as a whole. Increasingly too, the wider consuming public has begun to see that grey markets have charms hitherto invisible behind now removed protectionist walls.

New technologies bring new problems as well as benefits. New technologies also involve unknown dangers and fears. So it is with biotechnology and living modified organisms (LMOs).

The European Commission has adopted an Action Plan to speed up the full implementation of the Single European Market. As part of its strategy the Commission has launched a stream of cases under Article 169 of the EC Treaty seeking to ensure the implementation of Community law in the fields covered by this note, which takes up and explains some of them. The first case is Commission v. Belgium where the European Court found that the Belgian rules, which effectively excluded those searching for work from Belgium after three months, contravened the job-seekers rights derived from Article 48 as interpreted in Antonissen. The Antonissen rights have also been extended to Turkish workers lawfully resident in Germany. Germany found itself condemned for failing to implement directives