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

Burri, Mira (2007). The Law of the WTO and the Communications Law of the EC : On a Path of Harmony or Discord? Journal of world trade, 41(4), pp. 833-878. Wolters Kluwer Law & Business

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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.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation
02 Faculty of Law > Department of Economic Law > Institute of European and International Economic Law

UniBE Contributor:

Burri, Mira

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

ISSN:

1011-6702

Publisher:

Wolters Kluwer Law & Business

Language:

English

Submitter:

Tihomira Burri

Date Deposited:

26 Aug 2014 10:33

Last Modified:

09 Oct 2019 15:02

BORIS DOI:

10.7892/boris.51547

URI:

https://boris.unibe.ch/id/eprint/51547

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