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Full-Text Articles in Law
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Michigan Journal of International Law
To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Michigan Journal of International Law
There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Michigan Journal of International Law
Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …
The International Application Of The Second Computer Inquiry, Robert M. Frieden
The International Application Of The Second Computer Inquiry, Robert M. Frieden
Michigan Journal of International Law
This article chronicles the FCC's attempt to confront the confluence of telecommunications and data processing technologies by fashioning a regulatory scheme designed primarily for the United States. The Commission has chosen to apply this scheme, without significant qualification, internationally. Given the different objectives and structure of United States and foreign communications industries, the FCC's system cannot be transplanted abroad without prior consultation and substantial modification. After reviewing the international problems created by the Commission's application abroad of its newly developed scheme, this article concludes with recommendations for resolving these conflicts that currently threaten the well-being of carriers, customers, and international …
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
Michigan Journal of International Law
The first international legal instruments to be adopted were two Council of Europe resolutions in 1973 and 1974, the first on "the protection of the privacy of individuals vis-A-vis electronic data banks in the private sector," 9 and the second on "the protection of the privacy of individuals vis-A-vis electronic data banks in the public sector." This article will describe and compare the rules of data protection as they emerge in the instruments. Although this will require some assessment, the main objective will be to explain and amplify.
Prior Consent And The United Nations Human Rights Instruments, Walter E. Spiegel
Prior Consent And The United Nations Human Rights Instruments, Walter E. Spiegel
Michigan Journal of International Law
After reviewing the legal framework of an international right of freedom of information, this article examines United States opposition to prior consent in the context of the human rights provisions. It contends that the United States should not argue that any recognition of a right of prior consent is inconsistent with Article 19, but rather that international principles recognize a right of prior consent limited to certain types of programming. The article then considers arguments for the Third World position of strict prior consent concluding that, in addition to being inconsistent with the general intent of Article 19, strict prior …
Jamming And The Law Of International Communications, Rochelle B. Price
Jamming And The Law Of International Communications, Rochelle B. Price
Michigan Journal of International Law
The Soviet Union began to jam Western radio broadcasts to the Soviet Union in 1948. Jamming has continued to be a problem since then, though not a constant one; over the years, the level of jamming has varied in relation to East-West tensions but more particularly in consonance with internal and external crises. As the post-war international debate concerned with virtually all aspects of modem communications has evolved, jamming has become one focus of the free flow of information- national sovereignty debate. Though seldom completely effective, jamming is a sufficiently large-scale and controversial practice to warrant international attention today, as …