Freedom of Information versus National Sovereignty: The Need for a New Global Forum for the Resolution of Transborder Date Flow Problems

This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Part II analyzes the perception among developing nations that sovereign rights are threatened by an unrestricted flow of information and discusses the measures developing nations are implementing to control this perceived threat. Part III analyzes several approaches suggested for dealing with the problems of transborder data flow restrictions and argues that a new international forum must be created to constructively address the legitimate concerns of the developing nations. This Note concludes that since the effective demise of Unesco, progress must be made toward creating a viable international forum to address the multilateral concerns over transborder data flow restrictions

Global Governance of Global Networks: A Survey of Transborder Data Flow in Transition

This Article\u27s examination of the development of the international system of information exchange limits its inquiry to transnational transport of computer generated and machine readable digital data via electronic transmission. This definition includes voice,image, characters, and other symbols transported by satellite, microwave, cable, or conventional radio in a converged digital bitstreams that does not discriminate between types of communications services. These delivery systems now are called integrated services digital networks (ISDNs) The last part of the Article examines the legal environment in which these networks currently are developing

Transborder Data Flow in the Developing World: A Question of Balance

This paper is a brief attempt to summarize the possible causes and Circumstances surrounding the controversy over transborder data flows (TDF), a controversy which eventually will involve many international communicators

Transborder Data Flow: Problems with the Council of Europe Convention, or Protecting States from Protectionism

This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention\u27s regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of the Council of Europe Convention to ascertain its potential burden on international business and potential impact on American trade, suggesting that the present terms of the treaty unnecessarily hamper the conduct of trade. Finally, several improvements will be proposed for future international agreements, emphasizing the role of the United States in developing such agreements

Towards an Administration without Frontiers. An analysis on the instruments and mechanisms of cooperation in the field of migration from Romanian view

As a consequence of Romania’s accession to the European Union, a better organization of the public administration was necessary, in order to cope with the new challenges. Thus, Romania, as a country at the external border of the Union, entered a new period which implies the efficient security of the external borders, migration control, as well as preparing and adopting the necessary measures for the elimination of the internal border controls (for the purpose of subsequently joining the Schengen space). All these considerations called for a closer cooperation between the competent authorities in the field and the reform of the system in order to meet the requirements. Romania, with regard to exercising its competencies on the population, is placed in a double position: State of origin and State of receipt. The State’s prerogative to establish the legal regime applicable to the persons under its jurisdiction, is considered exclusive and discretionary, but must take into account two important postulates: the regime of its citizens must not bring irreversible damage to the fundamental human rights, and the regime of aliens must not prejudice their interests or the interests of their States of origin.(F. Vogin)migration, control, procedure, refugees, expulsion, extradition, visa

Economic and Trade Related Aspects of Transborder Data Flow: Elements of a Code for Transnational Commerce Perspectives

Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers are the underlying importance

Transborder Data Flow: Problems with the Council of Europe Convention, or Protecting States from Protectionism

This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention\u27s regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of the Council of Europe Convention to ascertain its potential burden on international business and potential impact on American trade, suggesting that the present terms of the treaty unnecessarily hamper the conduct of trade. Finally, several improvements will be proposed for future international agreements, emphasizing the role of the United States in developing such agreements