Opinio Juris

A weblog dedicated to reports, commentary, and debate on current developments and scholarship
in the fields of international law and politics

Saturday, June 28, 2008

U.S. and E.U. Near Agreement on Sharing Personal Data
This sounds complicated but important:


The United States and the European Union are nearing completion of an agreement allowing law enforcement and security agencies to obtain private information — like credit card transactions, travel histories and Internet browsing habits — about people on the other side of the Atlantic Ocean.


Most of the problems in reaching an agreement have been on the European side, especially since it hasn't always been clear whether member states or the EU as a whole is authorized to make such an agreement. On the U.S. side, I am fairly confident we are talking about an executive agreement, perhaps without any congressional involvement since it is not clear it involves any changes to U.S. law.

One interesting note: there seem to be substantial areas of disagreement still, as well as lots of potential opposition from European privacy-rights advocates. Someone leaked the state of negotiations to the NYT, but in hopes of torpedoing the deal or of carrying it across the finish line? Hard to tell.




Tuesday, June 24, 2008

Council of Europe Criticizes Italy; Italy Continues to Persecute Roma
I have blogged recently about the EU's encouraging -- if insufficient -- criticism of Italy's shameful persecution of its Roma population. On Friday, the Council of Europe added its two cents:
Europe's top rights body, the Council of Europe, on Friday voiced "deep concern" at a series of recent attacks against the Roma gypsies and immigrants and their treatment in Italy.

The attacks, the worst of which involved the torching by a local mob last month of a gypsy camp outside Naples have already drawn criticism from the European Union and from rights groups. Copycat attacks followed in other cities.

Police arrested several hundred 'undocumented' immigrants last month in a controversial series of raids on shanty towns across Italy.

"Roma and immigrants have been the subject of violent racist attacks and entire communities have been held responsible for criminal acts committed, or allegedly committed, by individuals from these communities," the Council of Europe's racism and xenophobia monitoring body (ECRI) said in a statement.

"In the context, ECRI particularly regrets the persistent racist and xenophobic discourse by some Italian politicians, even at the highest levels, and in the media," the statement continued.
It is difficult to overstate just how disgusting Italy's actions have become. The most recent plan is to kick Roma out of the country unless they can prove they have homes and jobs:
The new conservative government in Italy, led by prime minister Silvio Berlusconi vowed to clamp down on illegal immigration. Special Roma Gypsy commissioners have been appointed in several of the country's major cities.

Under a planned government decree, EU citizens - which would include Romanian Gypsies - must have adequate housing and regular incomes to stay in Italy for more than three months.

The decree would also make it easier to expel illegal immigrants.

"The Italian authorities are taking measure whose conformity with national and international human rights standards is questionable," said ECRI.

A survey earlier this month by Italian research institute Demos-Coop, showed eight out of ten Italians want Roma Gypsy camps dismantled.

A poll last month by Italian daily La Repubblica found that 68 percent of Italians want to deal with the "Roma Gypsy problem" by expelling all of them.
A few weeks ago, a Romanian Euro MP described Italy's actions as "clearly fascist." I bristled at the use of the word "fascist" at the time, but with each passing day the description becomes more accurate. The "Roma Gypsy problem"? "Special Roma Gypsy Commissioners"? Remind you of anything?

The planned decree is particularly perverse, of course, because Italian politicians are doing everything they can to ensure that the Roma don't have the adequate housing they would need to remain in the country. One example:
Local activists in the northeastern Italian city of Mestre and politicians from the anti-immigrant Northern League are protesting the construction of a settlement for Sinti Gypsies.

Northern League parliamentarian Corrado Callegari and local party councillor Alberto Mazzonetto have blocked access to the camp, preventing building from getting underway.

The protest began more than three weeks ago, when a small group of protesters started gathering daily at the entrance to the building site.

The protesters are demanding a plebiscite on the planned Sinti Gypsy settlement which will include houses and a caravan park. They have also staged protests at local Gypsy camps.

The local council intends to accommodate some 40 Sinti Gypsy families at the site, which will cost 2.8 million euros to build.

The Northern League claims the money should be spent on shelter for homeless Italian citizens from the Mestre-Veneto area who have asked the local council for help. The Sinti Gypsies should not get preferential treatment and must wait their turn to be housed, the Northern League argues.

Bowing to pressure, the mayor of Venice, Massimo Cacciari had halted building work at the planned Sinti Gypsy settlement, but has promised this will soon re-start.
"Preferential treatment"? Are they kidding? Were that it were so!

NOTE: Media descriptions of the Roma's plight in Italy continues to astound and depress me. The final article mentioned above contains this little gem: "The origins of the Sinti Gypsies are uncertain, but they may have come from Pakistan's southeastern Sindh province." So what? What does that have to do with the story, given that the article itself notes that nearly half of Italy's Roma are Italian citizens? Is the point simply to make the Roma seem more Other -- and more dangerous, given that Pakistan is in the scary Middle East?

Sunday, June 22, 2008

How to Set Up Your Own Country
How did I miss this story?

In a declaration on his Web site, Stuart Hill, who owns the 2.5 acre island of Forvik in the Shetland Islands in the North Sea, said he no longer recognised the authority of the government or the European Union, and cited a centuries-old royal marriage dowry deal as the basis for his claim.

"Forvik owes no allegiance to any United Kingdom government, central or local, and is not bound by any of its statutes," Hill wrote.


The website with Hill's declaration is, of course, a blog site. There are, of course, all sorts of legal questions raised by Hill's declaration, many of which relate to the complexities, but some might also pertain to the definition of a state under international law. The basic argument, as I understand it, is that the island was transferred to the King of Scotland temporarily until the King of Norway (its original owner) could come up with cash for a wedding dowry. No payment was ever made and the King of Scotland retained the island in trust, but without the authority to incorporate it into his realm. It thus remains a crown dependency, owing allegience to the King of Scotland's successor, the Queen, but otherwise independent.

I obviously do not opine on any question of UK or Scottish law, but under international law, there are a variety of requirements to achieve status as a state, if that is what a crown dependency is. Forvik doesn't seem qualify, but whether that matters remains to be seen. In any event, Hill seems to have a semi-serious claim here. And he has invited immigrants to his new nation, which has drawn inquiries from round the world, apparently.