ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

explore the relation between security and privacy
and data protection. Having introduced the theory
of techno-securitization (1), the paper then presents
and analyses the impact of drone technology on the
techno-securitization of borders (2). It starts by examining
how the metamorphosis of the drone from
a battlefield tool to a civilian asset is taking place
(2.1), and then it focuses on the border surveillance
network EUROSUR (2.2) and on actual cases of deployment
of drones in border surveillance operations
(2.3). The analysis of the current practices aims at
providing information on the deployment of drones
and, secondly, at elaborating on the impact of DT on
privacy and data protection obligations (3). What challenges
for privacy arise from the current regulation on
surveillance at the borders (3.1)? Is the legal framework
equipped for those challenges (3.2.)? The paper
concludes by recalling the challenges posed by the
techno-securitization of its borders for privacy and
data protection (4).
Anna Śledzińska-Simon: Borders and Refugee
Protection Burden-Sharing – the Response of
New Member States
The response of new Member States to the refugee
crisis, as well as to the recent proposals concerning EU
border controls put into question the principle of loyal
cooperation and solidarity underlying the European
integration project. Questioning not only legitimacy,
but also legality of EU measures, new Member States
seem unwiling to accept responsibility and burdensharing
in the area of borders and refugee protection.
The presentation seeks to analyse the causes
and consequences of such reactions threatening a
deeper division in the EU into the core and periphery.
Yet, while the future may revert this tendency, the
current situation begs the question why new Member
States are not even perceived by incoming migrants
and refugees as a safe haven, or the core of Europe,
but merely a transit zone.
Nicola Selvaggi: Beyond Schengen? Migration
and Criminal Law
Even after the signature of the Lisbon Treaty the
problem of criminal law in Europe (be it a European
criminal law or a harmonized law or a system based
on mutual recognition) is still a crucial and unsolved
problem in the EU.
At the same time new and major challenges
emerged that the EU will have to cope with: terrorism
and migrants. Both of these challenges do require to
be deepened.
Given this, the paper will deal with these two main
issues: 1. Do terrorism and migrants/trafficking require
the setting up of common rules and provisions, beyond
the police and judiciary cooperation? 2. and before
it, do these two challenges need to be coped with by
means of criminal law, including both substantive and
procedural criminal law?
61 LIBERAL ECONOMIC ORDERING
THROUGH MEGAREGIONAL
AGREEMENTS: THE TRANS-PACIFIC
PARTNERSHIP (TPP)
Panel formed with individual proposals.
Participants Richard B. Stewart
Paul Mertenskötter
Klaas Hendrik Eller
Helen Churchman
Thomas Streinz
Name of Chair Richard B. Stewart
Room UL9 213
Richard B. Stewart: Liberal Economic Ordering
through Megaregional Agreements: The Trans-
Pacific Partnership (TPP)
TPP aims to promote liberal economic ordering
while addressing nontariff regulatory trade impediments
and responding to the growing importance
of trade in services, global value chains (GVCs), and
the digital economy. It expands the space in which
corporations can conduct business through market
exchange and compete on a level-playing field while
constraining the role of states as market actors. It also
includes wide-ranging obligations to reform, reorient
and constrain the Parties’ internal regulatory processes.
A naked economic agreement, TPP largely disregards
ensuing distributional effects and the wider set
of standard liberal concerns such as economic security
for citizens, human rights or democracy. TPP will likely
have important impacts (both positive and negative)
on third-parties, including on non-member states, existing
international and regional institutions, and weakly
organized groups. The governance arrangements for
TPP have significance commensurate with its ambition.
Paul Mertenskötter: Strategic Uses of Administrative
Law in the Trans-Pacific Partnership
TPP’s administrative law obligations for Parties’
domestic regulatory processes vary significantly in
intensity, scope, legal accountability and enforcement
potential across different issue areas. They tend to
be stronger where focused multi-national economic
interests dominate (i.e. pharmaceutical regulations,
government procurement) and weaker where more
diffuse social interests are concerned (i.e. environment,
labor). This variation is partly explained by considering
treaty-based obligations for domestic administrative
procedures as instruments of political control. The
procedures empower certain interests in the regulatory
process more than others. Negotiating treaties with decision-making
procedures for regulators in other countries
can be a tool for political actors to satisfy interest
group demands where other instruments of political
influence over foreign regulators such as monitoring,
oversight and appointment are much more limited.
Concurring panels 99