session 7. wto law (2).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 7 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS)

Here are the slides for session 7.

session 6. the law and policy of the world trade organization.

Sessions 6 & 7 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and to its unique characteristics that set it apart from other international organisations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalisation and about the need for state cooperation and global rule setting. While the topic is complex and it does come along with its own and often very specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.

Reading materials 
Van den Bossche, The Law and Policy of the WTO, Chapter 1 (the analysis of economic globalisation and its pros and cons will be useful also for session no 8, as well as partially for the interactive session on cultural diversity protection)

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Benefits of the WTO Trading System
10 Common Misunderstandings of the WTO


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

Here are the slides of session six.

brown bag lunch event: ITU vs ICANN, William J. Drake.

We are very fortunate to have Bill Drake as a guest in our brown bag lunch series. Please join us for an exciting talk on the newest developments in the ITU/ICANN controversies with a recent update from the ICANN45 in Toronto and in light of the forthcoming ITU World Telecommunication Conference in Dubai this December.
All details are available here.

session 5. cyber-regulation.

This session is going to diverge from the classic ex cathedra lecture and offer a platform for some debate. The core question that will be discussed is that of whether cyberspace should and can be regulated? Is cyberspace something profoundly different that does not allow conventional modes of state regulation, or is it just another medium where state sovereignty is asserted? Answers to these and more questions will be given during the interactive session, which is structured as a 'moot court' and invites verbal fight.

The interactive session will be organised in the following way: We will have two parties arguing against each other.

Each group will have 15 minutes to present its arguments. Each group will then have 5 minutes to criticise the arguments of the other party. 5 subsequent minutes will be given for a rebuttal. You can decide among yourselves who will be the speaker(s) of the group. One idea will be that each person presents one or two arguments so that the burden is equally distributed.

In order to provide the opportunity for the other party to prepare its counter-arguments, it would be necessary that you send me a short list of your main points (no more than 5-10 arguments put on no more than a single page) at the latest on Monday. I will forward this to the other team.
The persons not participating in the session will form a jury and will in the end of the debate judge who the 'winning' party is. I would intervene in matters of procedure and when necessary to spur the discussion.

As announced at the outset of the course, this participation will be assessed and constitutes 30% of your final grade. Criteria for the assessment will be the use and structure of the arguments, their relevance to the particular question asked and to the defending position. Reference to topics we already discussed or original ideas will be additionally rewarded.

Here is the initial package to prepare. It combines pro and counter arguments, which will also help you anticipate the argumentation of the opposing party.
cyberlaw excerpts

These materials are abridged versions of the articles. The full versions of David G. Post can be found here and some of those of Jack L. Goldsmith here (these are however by no means compulsory reading).

You may use some of the reasoning and examples given in chapters of Who Controls the Internet?, which formed part of your reading materials last week.

Update 23 October: Thanks so much for your excellent presentations ! Here are the follow-up slides of session 5.

session 4. the internet and internet governance.

Session 4 will look at the internet, its origin, salient technological features and its legal implications. We shall talk about whether and how the internet should and could be regulated. An essential focus of our analysis will be on the Internet Corporation for Assigned Names and Numbers (ICANN).

Reading materials
On the Nature and Origins of the Internet, excerpts from the US Supreme Court judgment, ACLU v. Reno, 929 F.Supp. 824 (1996)
Goldsmith and Wu, Who Controls the Internet?, chapter 1
Goldsmith and Wu, Who Controls the Internet?, chapter 3
Goldsmith and Wu, Who Controls the Internet?, chapter 4
Goldsmith and Wu, Who Controls the Internet?, chapter 5

Note: While the readings for this session may appear at first sight more than the usual amount, the chapters of Who Controls the Internet? are in fact popular reading, relative concise and easily digestible. They are also a good preparation for the interactive session on cyber-regulation that follows.

Optional: 
The Economist, The Internet at Forty

The Guardian, People's History of the Internet (a timeline presentation)
The Economist, ICANN be Independent
Mueller, Governments and Country Names: ICANN's Transformation into an Intergovernmental Regime

Here are some useful links related to ICANN and Internet governance:
http://www.icann.org/
http://www.intgovforum.org/
http://www.internetgovernance.org/

Here are the slides of session 4.

session 3. international telecommunications law.

Session 3 looks at the telecommunications rules at the international level. This entails an analysis of the law and policies of the International Telecommunication Union (ITU), which happens to be the oldest intergovernmental organisation, as well as an enquiry into the rules related to satellite communications. We will also explore how the communications rules have changed over time and how new regulatory models, which move away from the traditional inter-national cooperation, have emerged.

Reading materials 
Walden, International Telecommunications
MacKinnon, United Nations and the Internet: It's Complicated, Foreign Policy, August 2012

Optional:
Palfrey and Gasser, Interop, chapter 1
Benkler, The Wealth of Networks, chapter 11
Burri, Defining Regulatory Objectives for Contemporary Electronic Communications: Between a Rock and a Hard Place 12 IJCLP (2008): 274-312

Here are the slides of session 3.