The Law of the WTO and the Communications Law of the EC : On a Path of Harmony or Discord?

This paper presents an overview of the law of the World Trade Organization (WTO) relevant to telecommunications services and correlates this body of law with the current regulatory framework for electronic communications networks and services in the European Community. The latter has been adapted to meet the challenges of technological and market developments in communications, epitomized by the processes of digitization, enhanced transport networks and convergence. The novel solutions embodied in the EC electronic communications regime, notably, a new design of the Significant Market Power mechanism, a projected withdrawal of sector specific regulation and an affirmation of the principle of technological neutrality, pose interesting questions as to the conformity of this reformed EC communications law with the WTO rules on telecommunications services and the obligations of the European Communities and their Member States. Looking beyond the WTO legal compatibility test, essential questions regarding the need for evolution of the WTO telecommunications rules are raised. The present paper contributes to the ongoing debate in that context in light of the EC experience.

Electronic Communications as a Distinct and Unique Object of Regulation

The present paper is an abridged version of the first chapter to the book EC Electronic Communications and Competition Law (London: Cameron May, 2007). It is intended to pinpoint the contours of the communications sector as an object of regulation - an exercise that is essential to any thoughts on appropriate regulatory design. The communications sector is defined through its salient features of being (i) network-bound; (ii) dynamic; (iii) converging; (iv) sensitive to regulation and society’s reactions; and as one (v) with special societal role and as (vi) part of the new economy.

The International Law of Culture : Prospects and Challenges

This is a conference review of an event on the international law of culture, which took place in late May 2012 at the University of Göttingen, Germany. The review provides context to it considering the complex landscape of international initiatives of hard and soft law nature, which address culture and their impact on the environment, where cultural rights are to be exercised.