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June 23, 2011 By Sean Flynn "This presents an interesting development in the context of major challenges to the legality of the implementation of ACTA in the EU and US. In the EU, there is a challenge under the Lisbon Treaty to the competence of the Commission to enter agreements on criminal provisions. And in the US, legal academics have questioned (without response by the administration) the authority of the executive to enter the agreement as a sole executive order without any congressional approval. So - is ACTA just a soft law declaration by its executive branch negotiators?"