This article explores the similarities and differences of the sanctions frameworks of the United States and the European Union as a response to the Russian invasion of Ukraine. A good look at the long-serving United States’ sanctions framework will pay off for the European Union, when creating the foundation for future sanctions regimes.

This book explores the new legal challenges of investor protection in the context of digital investment platforms and genAI advisors. The author analyses the investor protection tools provided by competition law, regulatory and private law frameworks, taking Brazil as case study, where investment advisory experienced a unique market change and a major regulatory reform.

In recent years, there has been a notable rise in climate change litigation directed at corporations. These legal actions target major companies, aiming to hold them accountable for their contributions to climate change. This paper examines the array of challenges plaintiffs encounter in pursuing such litigation, encompassing issues such as the lack of a solid legal basis for the claims, the proof of causation and attribution, and complexities arising from the separation of powers and legal standing. In the face of these obstacles, litigants employ certain arguments to overcome these challenges. While a rights-based approach might prove successful in some types of claims, overcoming these hurdles proves more difficult in other contexts, particularly within the current legal framework. Nevertheless, the impact of these cases might extend beyond individual outcomes, playing a role in shaping larger societal transformations and exerting an influence on corporate behavior.

Switzerland’s inbound FDI limitations are, to date, comparatively few. To protect national interests against foreign entities abusing the influence they gain by means of acquisitions of innovative domestic companies, and with one eye on the latest EU and US developments, motion Rieder (18.3021) calls for the introduction of restrictive FDI control measures. The federal council, albeit against its own position, presented a draft law (Investitionsprüfgesetz, IPG) (May 2022) stipulating clearance by the SECO for the closing of certain FDI transactions. The author examines the IPG-draft, taking into consideration the results of the consultation procedure (Vernehmlassungsverfahren). Particular attention is given to the recourse procedure against negative rulings.

The data economy between the European Union and the United States is the most valuable in the world. The regime guarding the transfer of personal data between both sides of the Atlantic has been a hot topic for years. This paper summarizes the regime under the General Data Protection Regulation (GDPR) and discusses recent developments.