On Extraterritoriality and the Gazprom case

In September 2012 the European Commission opened a formal investigation of Gazprom’s business practices in the EU. The Gazprom investigation raises a number of questions. One of them is the issue of jurisdiction—whether EU competition law applies to Gazprom, a foreign company. A day after the opening of the proceeding, in a press note and alongside other issues, Gazprom raised the question of jurisdiction, noting that it complies with laws of the countries in which it operates and that is it ‘registered outside the jurisdiction of the EU’. This statement, possibly, prompted some commentators to consider the applicability of EU law in this case.
In a piece in the ECLR, entitled ‘Iron Curtain at the border: Gazprom and the Russian blocking order to prevent the extraterritoriality of EU competition law’, Sean Morris offered his views on some of the aspects of the Gazprom case, including the issue of jurisdiction. Morris discussed also the blocking Order issued by the Russian President in response to the European Commission’s investigation, and its possible effects in the Gazprom case.
This article seeks to add a few important and relevant issues of law relating to extraterritoriality and the reach of EU law generally and in particular— in the context of the Gazprom investigation and in the light of the Morris article. This piece also sheds some light on the considerations which might have informed Russia’s hastily enactment of the Blocking Order.

A silent witness? Medieval urban landscapes and unfolding their mapping histories

This paper offers a critical reflection on the place of maps in writing medieval urban histories. Using findings from recent research on medieval Swansea, the case is made that mapping provides an interpretative space for exploring alternative narratives about past places. To do so the paper draws upon current critical debates on cartography, particularly the idea that mapping is fluid and iterative, to suggest that Swansea's medieval urban origins are open to a range of alternative interpretations. This approach to mapping differs from that often used by historians to map medieval urban landscapes, where historic maps are simply used as ‘sources’, and the landscapes they represent used as ‘witnesses’ to past events, for creating maps, both through digital and analogue media, instead opens up – or unfolds – a landscape's past. The paper uses past attempts to map medieval Swansea to highlight difficulties in interpreting its urban landscape features, and uses multiple mappings of the medieval townscape, resulting from recent research, to question how far any sources about the past really provide a coherent narrative. Instead, multiple mappings of the medieval urban landscape – reflecting different and competing perspectives – are more attuned with how places were perceived and understood during the Middle Ages.

Human Rights Histories

This review article considers Samuel Moyn’s book The Last Utopia:Human Rights in History in the context of recent trends in the writing of human rights history. A central debate among historians of human rights, in seekingto account for the genesis and spread of human rights, is how far current humanrights practice demonstrates continuity or radical discontinuity with previousattempts to secure rights. Moyn’s discontinuity thesis and the controversysurrounding it exemplify this debate. Whether Moyn is correct is importantbeyond the confines of human rights historiography, with implications for theirmeaning in law, as well as their political legitimacy. This review argues that Moyn’s book ultimately fails to convince, for two broad reasons. First, a more balanced judgment would conclude that the history of human rights is both one of continuity and discontinuity. Second, and more importantly, Moyn fails to offer a convincing account of the normativity of human rights. Undertaking a history of human rights requires a deeper engagement with debates on the nature and validity of human rights than Moyn seems prepared to contemplate.

In Pursuit of Human Dignity

The discussion of human dignity raises such complex issues, and the issues that current scholarship now considers central to its understanding are so daunting, that we are in danger of not being able to see the forest for the trees. This Introduction forms the first chapter of a book of essays (Christopher McCrudden (ed.), UNDERSTANDING HUMAN DIGNITY,
Proceedings of the British Academy/Oxford University Press, in press) by a multi-disciplinary group of historians, legal academics, judges, political scientists, theologians, and philosophers, arising from a Conference held in Rhodes House, Oxford In June 2012. The Introduction aims to provide a guide, a map, through the thicket of current dignity scholarship. It situates the subsequent chapters of the book within an overview of the terrain that currently constitutes debates about the use of dignity in these fields. I have not attempted to put forward my own
comprehensive account of dignity. Mostly based on the rich conversations that took place at the Conference, I have sought, rather, to probe the potential strengths and weaknesses of all of the principal positions identified, at least in some contexts taking on the role of a Devil’s Advocate.

Atlas of European Historiography: The Making of a Profession, 1800-2005 (Writing the Nation)

The collection of the data for this volume formed part of the work of the European Science Foundation project on Writing National Histories. I was a member of the Research Team (1) which produced the volume. I also wrote two contributions for the Atlas. I collected the data and wrote the section on academic historians in Ireland. I also wrote a synthesis of the data on academic women historians in Europe, 1815-2005.

What’s behind Russia’s military build-up in Syria?

It seems unlikely that Moscow can hope for an outright victory in Syria’s civil war, so some kind of political compromise with the moderate opposition is in the offing. This, however, is at best a long shot given the hostility to Assad in the West and the intensity of the conflict in Syria.

Instead, the immediate priority seems to be to ensure a survival of the Syrian state and military institutions in the areas it can control, what one Russian observer called an “Alawite Israel” – a strip of land from the Mediterranean coast to Damascus, able to at least contain IS with some external support.

The Kremlin has consistently prioritised stability over revolutionary change and sovereign rights over humanitarian intervention. In fact, from the Russian point of view, the Western interventionist agenda of democratisation, which ignored local conditions, has made the situation in the Middle East worse – from Iraq to Libya and Syria.

19th-century diplomacy can help deal with 21st-century Russia

The West has failed to properly integrate Russia into its worldview since 1991, and there is an obvious vacuum of ideas for how to deal with it. The default reaction is to fall back on the Cold War paradigm - sanctions, containment, and hopes of Russian regime change.

This is folly. There’s no knowing how long it will take for Russia to change tack, if it ever does; nothing guarantees that a new regime in Russia would be any more pro-Western. There’s also apparently no idea how to handle Russia in the meantime, especially while it remains a crucial part of crises like those in Iran and Syria.

Ukraine has shown that the placeholder post-Cold War order Europe and Russia inherited urgently needs replacing. With a ceasefire in place at last, the search for an alternative is on. The Geneva talks in April this year could be its basis; but nothing truly transformative will be achieved until the US, EU, Russia and Ukraine all recognise the need for compromise.

'A Land Beyond the Wave': Transnational Perspectives on Easter 1916

Despite the appeal and significance of nationalism as a near universal political force, Irish historians – in common with the historians of most nationalist movements – have struggled to analyse nationalism from beyond the perspective of the nation state. The reasons for this are varied, arising both from practical aspects, such as the availability and accessibility of sources, to more conceptual issues such as the resilience of the national perspective in the framing of historiographical narratives. This paper considers the Easter Rising as a case study in assessing how a transnational framework complicates traditional historiographical perspectives. Accounts of the Easter Rising generally interpret the rebellion within local, national, or international (particularly Anglo-Irish or imperial) frameworks. Interpretations that adopt a broader framework have tended to focus on international rather than transnational dimensions: the First World War context, revolutionary links with Germany, and the role of the United States. This paper assesses the potential of a transnational approach by analysing four aspects of the Rising: the significance of the transnational movement of people prior to the event; the influence of the transnational circulation of political ideas; the impact of transnational cultural currents in shaping the framing of revolutionary ideals; and the impact of the Rising on Irish nationalist communities beyond Ireland.

True navigation in migrating gulls requires intact olfactory nerves

During migratory journeys, birds may become displaced from their normal migratory route. Experimental evidence has shown that adult birds can correct for such displacements and return to their goal. However, the nature of the cues used by migratory birds to perform long distance navigation is still debated. In this experiment we subjected adult lesser black-backed gulls migrating from their Finnish/Russian breeding grounds (from >60°N) to Africa (to < 5°N) to sensory manipulation, to determine the sensory systems required for navigation. We translocated birds westward (1080 km) or eastward (885 km) to simulate natural navigational challenges. When translocated westwards and outside their migratory corridor birds with olfactory nerve section kept a clear directional preference (southerly) but were unable to compensate for the displacement, while intact birds and gulls with the ophthalmic branch of the trigeminal nerve sectioned oriented towards their population-specific migratory corridor. Thus, air-borne olfactory information seems to be important for migrating gulls to navigate successfully in some circumstances.

WHIRLBOB, the Whirlpool Based Variant of STRIBOB: Lighter, Faster, and Constant Time

WHIRLBOB, also known as STRIBOBr2, is an AEAD (Authenticated Encryption with Associated Data) algorithm derived from STRIBOBr1 and the Whirlpool hash algorithm. WHIRLBOB/STRIBOBr2 is a second round candidate in the CAESAR competition. As with STRIBOBr1, the reduced-size Sponge design has a strong provable security link with a standardized hash algorithm. The new design utilizes only the LPS or ρ component of Whirlpool in flexibly domain-separated BLNK Sponge mode. The number of rounds is increased from 10 to 12 as a countermeasure against Rebound Distinguishing attacks. The 8 ×8 - bit S-Box used by Whirlpool and WHIRLBOB is constructed from 4 ×4 - bit “MiniBoxes”. We report on fast constant-time Intel SSSE3 and ARM NEON SIMD WHIRLBOB implementations that keep full miniboxes in registers and access them via SIMD shuffles. This is an efficient countermeasure against AES-style cache timing side-channel attacks. Another main advantage of WHIRLBOB over STRIBOBr1 (and most other AEADs) is its greatly reduced implementation footprint on lightweight platforms. On many lower-end microcontrollers the total software footprint of π+BLNK = WHIRLBOB AEAD is less than half a kilobyte. We also report an FPGA implementation that requires 4,946 logic units for a single round of WHIRLBOB, which compares favorably to 7,972 required for Keccak / Keyak on the same target platform. The relatively small S-Box gate count also enables efficient 64-bit bitsliced straight-line implementations. We finally present some discussion and analysis on the relationships between WHIRLBOB, Whirlpool, the Russian GOST Streebog hash, and the recent draft Russian Encryption Standard Kuznyechik.

STRIBOB: Authenticated Encryption from GOST R 34.11-2012 LPS Permutation.

Authenticated encryption algorithms protect both the confidentiality and integrity of messages in a single processing pass. We show how to utilize the L◦P ◦S transform of the Russian GOST R 34.11-2012 standard hash “Streebog” to build an efficient, lightweight algorithm for Authenticated Encryption with Associated Data (AEAD) via the Sponge construction. The proposed algorithm “StriBob” has attractive security properties, is faster than the Streebog hash alone, twice as fast as the GOST 28147-89 encryption algorithm, and requires only a modest amount of running-time memory. StriBob is a Round 1 candidate in the CAESAR competition.