scholarly journals Access to the Internet in the EU: a policy priority, a fundamental, a human right or a concern for eGovernment?

2019 ◽  
pp. 157-179
Author(s):  
Lina Jasmontaite
Keyword(s):  
The Internet ◽  
Human Right ◽  
Policy Priority ◽  
The Eu

scholarly journals Internet (Un)Immunity: Where Does China Stand?

2020 ◽  
Vol 7 (2) ◽  
pp. 345-368
Author(s):  
Jie (Jeanne) HUANG
Keyword(s):  
Personal Information ◽  
Freedom Of Speech ◽  
Policy Support ◽  
Human Right ◽  
Consumer Law ◽  
Chinese Law ◽  
The Us ◽  
Chinese Policy ◽  
Policy Priority ◽  
The Eu

AbstractThis paper focuses on Internet intermediaries’ civil liabilities for contents produced by third parties. By comparing Chinese law with the laws of the US and EU, it argues that the US law grants broad civil immunity to Internet intermediaries, and the EU and China restrict civil immunity to intermediaries but in different ways. This is on account of how, in the US, Internet intermediaries enjoy civil immunity as long as they do not become content providers. In the EU, aside from mere conduit intermediaries, all other intermediaries are subject to the notice-and-take-down mechanism before enjoying civil immunity. In contrast, in China, even after an intermediary properly follows the notice-and-take-down mechanism, it may still be subject to civil liability under the Chinese Consumer Law. Further, this paper argues that the policy priority for the law for Internet intermediaries varies fundamentally in the three jurisdictions. The US law for intermediaries’ liability focuses on protecting freedom of speech. The EU emphasizes the protection of personal information as a fundamental human right. Contrastingly, Chinese policy priority is unclear. Consumer protection has boomed in public popularity and increasingly attracted the attentions of the legislature and judiciary in China. However, it is doubtable that the protection of consumers can provide a prevailing policy support for Chinese law in the same way as freedom of speech and the protection of personal information do under the laws of the US and the EU, respectively.

scholarly journals Internet (Un)Immunity: Where Does China Stand?

2021 ◽  
Author(s):  
Jie Huang
Keyword(s):  
Personal Information ◽  
Freedom Of Speech ◽  
Policy Support ◽  
Human Right ◽  
Consumer Law ◽  
Chinese Law ◽  
The Us ◽  
Chinese Policy ◽  
Policy Priority ◽  
The Eu

This paper focuses on Internet intermediaries’ civil liabilities for contents produced by third parties. By comparing Chinese law with the laws of the US and EU, it argues that the US law grants broad civil immunity to Internet intermediaries, and the EU and China restrict civil immunity to intermediaries but in different ways. This is on account of how, in the US, Internet intermediaries enjoy civil immunity as long as they do not become content providers. In the EU, aside from mere conduit intermediaries, all other intermediaries are subject to the notice-and-take-down mechanism before enjoying civil immunity. In contrast, in China, even after an intermediary properly follows the notice-and-take-down mechanism, it may still be subject to civil liability under Chinese Consumer Law. Further, this paper argues that the policy priority for the law for Internet intermediaries varies fundamentally in the three jurisdictions. The US law for intermediaries’ liability focuses on protecting freedom of speech. The EU emphasises the protection of personal information as a fundamental human right. Contrastingly, Chinese policy priority is unclear. Consumer protection has boomed in public popularity and increasingly attracted the attentions of the legislature and judiciary in China. However, it is doubtable that the protection of consumers can provide a prevailing policy support for Chinese law in the same way that freedom of speech and the protection of personal information does under the laws of the US and EU, respectively.

International Aspects of Investment Liberalization in the PRC: A Case of EU-China Cooperation

2021 ◽  
Vol 13 (3) ◽  
pp. 190-224
Author(s):  
D. A. Potapov
Keyword(s):  
Foreign Investment ◽  
World Order ◽  
Special Focus ◽  
The European Union ◽  
Human Right ◽  
Foreign Investments ◽  
Eu Member States ◽  
International Aspects ◽  
The Eu

The paper examines the role of investment cooperation and national foreign investment regime as a means to promote China’s economic and political interests and to respond to new global challenges that the country faces nowadays. To this end, the author examines the main stages of China’s liberalization of the legal regime for foreign investment from the end of the 1970s with a special focus on a new foreign investment law. In doing so the author attempts to link the evolution of investment regulation in the PRC with the dynamics of international relations development and the changing role of China as a regional and global actor. The author emphasizes that a trend towards the emergence of a polycentric world order not only provokes the rise of international tensions but also provides new incentives to promote dialogue and enhance cooperation between states and non-governmental actors, particularly by encouraging foreign investments. At the same time, there is a growing need to improve regulatory mechanisms for direct foreign investments. All these contradictory trends have directly affected China’s foreign investment regime reform. In this context the investment cooperation between the PRC and the European Union is of particular importance. The EU possesses a set of innovative technological solutions and competencies that are of particular interest to the Chinese leaders in the context of their efforts to modernize the country’s economy. The paper examines the volume, dynamics and key directions of investment flows between China and the EU member-states. The fact that after seven years of difficult negotiations, the EU and China managed to develop a special bilateral regulatory mechanism — EU-China Comprehensive Agreement on Investment — underscores again the importance of this cooperation for both parties. Even though the EU has suspended the ratification of this deal on the pretext of human right violations in the Xinjiang Uygur Autonomous Region, the author concludes, that in the future this agreement will come into force, since the very logic of the emerging polycentric world order urges for deeper cooperation between the EU and China. In this context, the investment regulation appears not only as a means to protect the Chinese economic interests, but also as an instrument to strengthen China’s international positions in the changing global context.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Seniors’ use of ICT to obtain access to cars for fulfilling their transport needs – an exploratory study

2020 ◽  
Vol 23 (4) ◽  
pp. 49-60
Author(s):  
Joanna Kos-Łabędowicz
Keyword(s):  
Elderly People ◽  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Ease Of Use ◽  
The Internet ◽  
Ageing Society ◽  
Eu Member States ◽  
Transport Services ◽  
Information And Communication ◽  
The Eu

The ageing society and the necessity to meet the needs (including transport ones) of elderly people are a challenge for an increasing number of countries, including the EU Member States and Poland. Different types of modern ICT solutions are being proposed as a way of improving the meeting of the needs of elderly people in order to prevent their social exclusion. The growing popularity of solutions and services that use information and communication technologies (mainly the Internet and mobile applications) can also be observed in transport services and is perceived as a means to better meet transport needs. The aim of the article is to examine the extent to which seniors use ICT solutions to meet their transport needs when, for example, obtaining access to a car or car ride. A literature review, statistical data analysis and results of primary survey studies carried out on a sample of U3A students were used. The results of the analysis do not allow generalization on the entire population of elderly people but point to some interesting conclusions. For instance, at least one of the considered solutions (e.g. sharing travel by car as a driver or passenger) was used by almost two-thirds of those that responded using the Internet. Also, the solutions given were rated rather positively by the respondents in terms of their usefulness and ease of use. Those findings, apart from indicating further directions of research, allow for a cautious statement that these types of solutions can actually serve to better meet the transport needs of seniors.

JAČANjE PRINCIPA NEUTRALNOSTI INTERNETA KROZ PRAKSU SUDA PRAVDE EU

2021 ◽  
Author(s):  
Sonja Lučić ◽  
Keyword(s):  
Internet Access ◽  
The Internet ◽  
Net Neutrality ◽  
Court Of Justice ◽  
Internet Neutrality ◽  
Using Data ◽  
Treat All ◽  
First Time ◽  
Access Services ◽  
The Eu

In Case C-807/18 the Court of Justice of the EU had the opportunity to interpret Regulation 2015/2120, which contains the principle of Internet Neutrality, for the first time. On this occasion, the Court took position that Internet providers must not favor certain applications and services for providing and using data on the Internet to the detriment of others. The principle of net neutrality existed even before the adoption of Regulation 2015/2120. This Regulation establishes measures concerning open access to the Internet. Namely, the Regulation sets rules aimed at ensuring equality and nondiscriminatory treatement of traffic, as well as protection of the rights of end users. The principle of net neutrality implies that all providers of internet access services will treat all traffic equally without discrimination, restriction or interference and regardless of the sender and recipient, the content accessed or distributed,

Clean-Slate Information-Centric Publish Subscribe Networks

2012 ◽  
pp. 322-349
Author(s):  
Laura Carrea ◽  
Raul Almeida
Keyword(s):  
Internet Usage ◽  
The Internet ◽  
Application Layer ◽  
Internet Architecture ◽  
Network Layer ◽  
Ip Addresses ◽  
And Topology ◽  
The Eu ◽  
The Way

The Internet architecture of today does not seem suited to the current Internet usage, as the application layer is more and more content-centric, while the network layer is ossified around the IP concept. In this chapter, the authors explore a redefinition of the whole Internet architecture where nothing is taken for granted, especially IP addresses. The review focuses on the forwarding and topology components of the EU FP7 PSIRP architecture and on a few of the problematic issues and the ongoing discussions around a pioneering clean-slate design of the way to organize networks.

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