16. Stephens, Britain Alone (28 August 2025)

A mellifluous but inadequate critique of British foreign policy since 1956, marshalling events toward the conclusion that the UK’s leaving the European Union will have been disastrous. ‘The vital missing ingredient was a framework – a grand strategy, as foreign policy practitioners would call it – grounded in a realistic appraisal of the reach of a middle-ranking power’ (p. 424). Stephens favors macroeconomic and foreign-policy convention (‘how it’s done’), as befits excellent sourcing, but is careless of historical evaluation and glosses matters of political legitimacy such as Parliamentary sovereignty and the common law.

As early as 1945 The Foreign Office concluded Britain would have to be a European power in order to remain a world leader. Postwar Germany wanted low industrial tariffs and France agricultural subsidies, but England hadn’t defined its continental objectives, being preoccupied with Labor’s extension of the welfare state and balance-of-payments problems. In 1950, Robert Schuman gave England but one day to accept the principles of the proto-European Coal and Steel community. The UK missed another chance in declining to participate in 1955’s Messina conference, wrangling with the choice of Europe or Atlanticism.

Pretensions of independent status, or at least a balanced special relationship, were shattered by the Suez crisis. (In withdrawing US support, Eisenhower covered his desire for smooth re-election and recent withdrawal of Aswan dam financing with anti-colonial rhetoric. But why look past Hungary?) MacMillian persuaded Kennedy to allow the UK a semi-independent nuclear capability, which the prime minister saw as insurance against the possibility of US withdrawal from NATO. It came with the cost of maintaining otherwise unneeded bases east of Suez, thereby reducing other conventional forces, as England continued to struggle with balance of payments and devaluation. Ties were subsequently strained by England’s declining to participate in Vietnam. In all the UK was clearly the supplicant, Atlanticism was never a real alternative.

DeGaulle’s first veto was premised on Commonwealth (i.e., Caribbean and Antipodean foodstuffs); the second deferred to Jean Monnet’s acquis communautaire, an accumulation of diplomatic compromises which the UK could not be allowed to unwind, even though his own Europe de patries was more aligned with England’s preference for a moderate pace of integration.

In 1971, Ted Heath, the Conservatives’ only truly European leader, succeeded by allowing his party a free vote, prompting Labor to follow suit. Jenkins led the rebellion against Wilson, and the vote passed by a clear margin of 112. Thatcher, a ‘leader in search of enemies’ (among other journalistic jibes gratuitous in the longer-term context), is said to be European after all by dint of her 1988 Bruges address. In fact Stephens himself shows she was directly opposing Jacques Delors’ progress toward Maastricht. Blair then abandoned Thatcher’s Maastricht opt-outs for social legislation and the common law.

Stephens cites a Whitehall mandarin’s observation (p. 294) that the EU was becoming a three-leg stool: integration driven by the Paris-Berlin axis, competition by the Berlin-London tie, and defense-diplomacy by Paris-London – notwithstanding Paris having left NATO and his narrative’s course runs the other direction. England had consistently missed opportunities, and more generally been unsure of its post-imperial identity. Thus Cameron’s 2015 plebiscite (as well as 2011’s Sovereign Grant Act) was adjudged by Merkel (and Stephens) to have appeased England’s Euroskeptics.

Stephens accepts projections of economic losses as definitive as well as superordinate to political concerns, whether those of the electorate or those which are structural, such as Parliamentary supremacy or the common law’s conflict with Brussels-made civil law. ‘…The reality was that free trading arrangements relied to a much greater degree on regulatory alignment and share standards and norms’, he writes on p. 394. He bemoans another Tory split’s devastation of England, as over the 19th-century Corn Laws or 20th-century imperial trade preferences, as if the party were not honestly wrestling with the matter, as if the party’s sole purpose were power but not principle. Other arguments are adduced to deride the decision, such as the reopening of Irish border questions following the 1998 Good Friday agreement.

13. Millard, Cloud Computing Law (7 July 2023)

Limns core and emerging concepts of legislation, jurisprudence, and policy regarding software, platform, and infrastructure as IT services, focusing on the European Union and United Kingdom circa 2020. To this reader, the most pertinent topics may be divided as operations, commercial matters, and taxation.

Operations:
• Cloud services, for purposes of governance, are fundamentally different from outsourcing in terms of design and control and geographic nexus
• PaaS is indicated by large degree of client control over specification or complexity of usage
• Security
o Security by nature entails risk management, as rules can never encompass all use cases; risk management is well suited to principle-based regulation (common in UK and Australia). For this reason, insurance is commonly part of risk management
o Misconfigurations are the largest internal threat to security
o To establish one’s services as a ‘trusted execution environment’, one should encourage the client to consider whether the vendor’s security setup is better or worse than the client’s own systems
• Data transfers
o across international borders may be governed by any of several mechanism (e.g., Privacy Shield, Standard Contractual Clauses, approved bespoke certifications)
o The acceptability of the SCCs to the EU is premised on the former’s compliance with the recipient country’s standards (e.g., the Australian Privacy Principles)
• Privacy: data sharing (e.g., among companies) is a controller-to-controller sequence; conversely, controller-to-processor is provision and instructed use. See chart p. 311 (which further demonstrates that Jacobi’s control of platform security, etc., make it at least a joint controller)

Commercial matters:
• The most negotiated clauses are liability (12 months’ fees being standard) including carveouts; service levels including availability; security and privacy; lock-in, portability, and exit; and intellectual property rights
• An estimated 1/3d of negotiations fail over the transparency of using subcontractors
• Data residency and indemnification for 3d-party claims are frequently client imperatives, increasingly joined by transition plans. APIs have come to be seen as acceptable means of interoperability or portage
• Pre-commercial procurements (PCP) are a means for public buyers (government) purchasing and then sharing emerging technologies without violating state-aid strictures of GATT

Taxation
• The most fluid question is re-establishing consensus of jurisdiction: where is value created? The residence of a provider’s 3d-party infrastructure does not create nexus (because the provider does not control hardware); however the location of the end user (the client) might. There is dispute among OECD and UN principles,
• Cloud fees (including PaaS) are generally taxed business profits not royalties
• A service that is linked (i.e., not separable) is likely to be singularly taxed, rather than as separate products or business lines