Author: Pablo Ibáñez Colomo
Publisher: Kluwer Law International B.V.
ISBN: 9041142932
Category : Law
Languages : en
Pages : 551
Book Description
This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.
European Communications Law and Technological Convergence
Author: Pablo Ibáñez Colomo
Publisher: Kluwer Law International B.V.
ISBN: 9041142932
Category : Law
Languages : en
Pages : 551
Book Description
This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.
Publisher: Kluwer Law International B.V.
ISBN: 9041142932
Category : Law
Languages : en
Pages : 551
Book Description
This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.
Global Media and Communication Policy
Author: P. Iosifidis
Publisher: Springer
ISBN: 0230346588
Category : Social Science
Languages : en
Pages : 297
Book Description
Petros Iosifidis addresses an increasingly prominent subject area in the field of media and communications, and one that has attracted increased attention in areas such as sociology, economics, political science and law: global media policy and regulation. Specifically, he considers the wider social, political, economic and technological changes arising from the globalization of the communications industries and assesses their impact on matters of regulation and policy. By focusing on the convergence of the communication and media industries, he makes reference to the paradigmatic shift from a system based on the traditions of public service in broadcast and telecommunications delivery to one that is demarcated by commercialization, privatization and competition. In doing so, Iosifidis tackles a key question in the field: to what extent do new media developments require changes in regulatory philosophy and objectives. It considers the various possible meanings of the public interest concept in exploring the different regulatory modes and the interplay between the local and the global in policy-making.
Publisher: Springer
ISBN: 0230346588
Category : Social Science
Languages : en
Pages : 297
Book Description
Petros Iosifidis addresses an increasingly prominent subject area in the field of media and communications, and one that has attracted increased attention in areas such as sociology, economics, political science and law: global media policy and regulation. Specifically, he considers the wider social, political, economic and technological changes arising from the globalization of the communications industries and assesses their impact on matters of regulation and policy. By focusing on the convergence of the communication and media industries, he makes reference to the paradigmatic shift from a system based on the traditions of public service in broadcast and telecommunications delivery to one that is demarcated by commercialization, privatization and competition. In doing so, Iosifidis tackles a key question in the field: to what extent do new media developments require changes in regulatory philosophy and objectives. It considers the various possible meanings of the public interest concept in exploring the different regulatory modes and the interplay between the local and the global in policy-making.
The Palgrave Handbook of European Media Policy
Author: K. Donders
Publisher: Springer
ISBN: 1137032197
Category : Social Science
Languages : en
Pages : 819
Book Description
Containing state-of-the-art contributions on the various domains of European media policies, this Handbook deals with theoretical approaches to European media policy: its historical development; specific policies for film, television, radio and the Internet; and international aspects of the fragmented policy domain.
Publisher: Springer
ISBN: 1137032197
Category : Social Science
Languages : en
Pages : 819
Book Description
Containing state-of-the-art contributions on the various domains of European media policies, this Handbook deals with theoretical approaches to European media policy: its historical development; specific policies for film, television, radio and the Internet; and international aspects of the fragmented policy domain.
Regulation, Governance and Convergence in the Media
Author: Peter Humphreys
Publisher: Edward Elgar Publishing
ISBN: 178100899X
Category : Business & Economics
Languages : en
Pages : 236
Book Description
Media convergence is often propounded as inevitable and ongoing. Yet much of the governance of the media sector’s key parts has developed along discrete evolutionary paths, mostly incremental in character. This volume breaks new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. It shows how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far.
Publisher: Edward Elgar Publishing
ISBN: 178100899X
Category : Business & Economics
Languages : en
Pages : 236
Book Description
Media convergence is often propounded as inevitable and ongoing. Yet much of the governance of the media sector’s key parts has developed along discrete evolutionary paths, mostly incremental in character. This volume breaks new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. It shows how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far.
European Media Policy for the Twenty-First Century
Author: Seamus Simpson
Publisher: Routledge
ISBN: 1317516451
Category : Language Arts & Disciplines
Languages : en
Pages : 310
Book Description
Media policy issues sit at the heart of the structure and functioning of media systems in Europe and beyond. This book brings together the work of a range of leading media policy scholars to provide inroads to a better understanding of how effective media policies can be developed to ensure a healthy communication sector that contributes to the wellbeing of individual citizens, as well as a more democratic society. Faced with a general atmosphere of disillusionment in the European project, one of the core questions tackled by the volume’s contributors is: what scope is there for European media policy that can exist beyond the national level? Uniquely, the volume’s chapters are structured around four key policy themes: media convergence; the continued role and position of public regulatory intervention in media policy; policy issues arising from the development of new electronic communication network environments; and lessons for European media policy from cases beyond the EU. In its chapters, the volume provides enriched understandings of the role and significance of policy actors, institutions, structures, instruments and processes in communication and media policy.
Publisher: Routledge
ISBN: 1317516451
Category : Language Arts & Disciplines
Languages : en
Pages : 310
Book Description
Media policy issues sit at the heart of the structure and functioning of media systems in Europe and beyond. This book brings together the work of a range of leading media policy scholars to provide inroads to a better understanding of how effective media policies can be developed to ensure a healthy communication sector that contributes to the wellbeing of individual citizens, as well as a more democratic society. Faced with a general atmosphere of disillusionment in the European project, one of the core questions tackled by the volume’s contributors is: what scope is there for European media policy that can exist beyond the national level? Uniquely, the volume’s chapters are structured around four key policy themes: media convergence; the continued role and position of public regulatory intervention in media policy; policy issues arising from the development of new electronic communication network environments; and lessons for European media policy from cases beyond the EU. In its chapters, the volume provides enriched understandings of the role and significance of policy actors, institutions, structures, instruments and processes in communication and media policy.
Governing European Communications
Author: Maria Michalis
Publisher: Lexington Books
ISBN: 9780739117361
Category : Communication policy
Languages : en
Pages : 372
Book Description
Governing European Communications provides a comprehensive and up-to-date account of the emergence, dynamics, and evolution of European-level communications governance in the post-war era, focusing on telecommunications and television policies and regulation, and their technological convergence. Concentrating on the EU, the book embeds governance within broader economic and political developments in a global context and demonstrates that European governance has been more about the character rather than the level of regulation.
Publisher: Lexington Books
ISBN: 9780739117361
Category : Communication policy
Languages : en
Pages : 372
Book Description
Governing European Communications provides a comprehensive and up-to-date account of the emergence, dynamics, and evolution of European-level communications governance in the post-war era, focusing on telecommunications and television policies and regulation, and their technological convergence. Concentrating on the EU, the book embeds governance within broader economic and political developments in a global context and demonstrates that European governance has been more about the character rather than the level of regulation.
E-Commerce and Convergence: A Guide to the Law of Digital Media
Author: Susan Singleton
Publisher: Bloomsbury Publishing
ISBN: 1526512661
Category : Computers
Languages : en
Pages : 356
Book Description
Since the last edition ten years ago the pace of technological and legal change has stepped up even more than before with previous editions. New legislation is in force such as the General Data Protection Regulation (GDPR) and UK Data Protection Act 1998 and from 1 January 2021 "UKGDPR". The UK Information Commissioner has been looking closely at "Ad Tech" and what has become known as "big data" and how data are gathered on-line. Intellectual Property law in the ecommerce area has also changed. There is a very recently agreed new EU copyright directive which is due to be implemented in the 27 EU member states (but not the UK) in 2021. The post-Brexit transition period expired on 31 December 2020 which has implications for the application of ecommerce law in a number of different areas which are all addressed in the new addition. The 2010 EU vertical regulation and guidelines have recently been built on with the EU "geo-blocking" regulation and the related EU Commission's initiatives in relation to ecommerce in the anti-trust area. In 2020 the UK implemented changes in relation to EU law in the revised 2018 Audiovisual Media Services Directive (AVMS) through the Audiovisual Media Services Regulations 2020 which are addressed in the new edition as post-Brexit the UK is retaining this legislation. Other updates include the distance selling legislation in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 which came into force since the last edition.
Publisher: Bloomsbury Publishing
ISBN: 1526512661
Category : Computers
Languages : en
Pages : 356
Book Description
Since the last edition ten years ago the pace of technological and legal change has stepped up even more than before with previous editions. New legislation is in force such as the General Data Protection Regulation (GDPR) and UK Data Protection Act 1998 and from 1 January 2021 "UKGDPR". The UK Information Commissioner has been looking closely at "Ad Tech" and what has become known as "big data" and how data are gathered on-line. Intellectual Property law in the ecommerce area has also changed. There is a very recently agreed new EU copyright directive which is due to be implemented in the 27 EU member states (but not the UK) in 2021. The post-Brexit transition period expired on 31 December 2020 which has implications for the application of ecommerce law in a number of different areas which are all addressed in the new addition. The 2010 EU vertical regulation and guidelines have recently been built on with the EU "geo-blocking" regulation and the related EU Commission's initiatives in relation to ecommerce in the anti-trust area. In 2020 the UK implemented changes in relation to EU law in the revised 2018 Audiovisual Media Services Directive (AVMS) through the Audiovisual Media Services Regulations 2020 which are addressed in the new edition as post-Brexit the UK is retaining this legislation. Other updates include the distance selling legislation in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 which came into force since the last edition.
Shaping EU Public Procurement Law
Author: Albert Sanchez-Graells
Publisher: Kluwer Law International B.V.
ISBN: 940350143X
Category : Law
Languages : en
Pages : 387
Book Description
The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
Publisher: Kluwer Law International B.V.
ISBN: 940350143X
Category : Law
Languages : en
Pages : 387
Book Description
The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
General Principles of European Private International Law
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
Book Description
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
Book Description
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
The Agricultural Law of the EU
Author: René Barents
Publisher: Kluwer Law International B.V.
ISBN: 940354421X
Category : Law
Languages : en
Pages : 457
Book Description
European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.
Publisher: Kluwer Law International B.V.
ISBN: 940354421X
Category : Law
Languages : en
Pages : 457
Book Description
European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.