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EU Telecommunications Law
Providing a comprehensive overview of the current European regulatory framework on telecommunications, this book analyses the 2016 proposal for a European Electronic Communications Code (EECC). The work takes as its basis the 2009 Regulatory Framework on electronic communications and analyses each of its five main directives, comparing them with the changes proposed in the EECC. Key chapters focus on issues surrounding choosing the right regulatory model in order to secure effective investment in next-generation networks and ensure their successful deployment.
Intellectual Property Law and Access to Medicines
The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreeme...
Zimbabwe: Mired in Transition
Three years after the advent of Zimbabwe's Inclusive Government in February 2009, the country still awaits the elections that people hope will lead to a more enduring political settlement. Zimbabwe: Mired in Transition reviews the experience of recent years assesses the progress that has been made. What is the public mood, and how has it changed? What steps have been taken to reform the media? How important is a new constitution. Although the economy has stabilised to some extent with the adoption of a multi-currency regime, industrial and agricultural production are depressed, and investment inflows are limited; what spaces exist for fiscal reform? Are local authority structures and the sta...
Global Governance, Conflict and China
Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.
The Availability of Spatial and Environmental Data in the European Union
Because the original and essential value of spatial data ' data that refer to specific geographical locations or areas ' lies in environmental decision-making, such data mostly originate in the public sector and are made available to people,
The Constitutional Protection of Private Property in China
Using a comparative approach, this book analyses the history of China's private property protection at the constitutional level since 1949.
The Legal Effects of EU Soft Law
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
China and EU Antitrust Review of Refusal to License IPR
Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Abuse of Dominance in EU Competition Law
Granting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become ‘abusive’ under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by ‘dominant’ firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level.
The Law of International Humanitarian Relief in Non-International Armed Conflicts
This first book-length treatment of the law of international humanitarian relief in non-international armed conflicts examines the rights and duties of fighting parties and international humanitarian relief actors and provides practical guidance for frontline humanitarian negotiators and legal professionals.
