*** PETER HUMPHREYS, SEAMUS SIMPSON: Globalisation, Convergence and European Telecommunications Regulation. Edward Elgar Publishing Ltd (Glensanda House, Montpellier Parade, Cheltenham Glos, GL50 1UA, UK. Tel: (44-1242) 226934 - Fax: (44-1242) 262111 - E-mail: info@e-elgar.co.uk - Internet: http://www.e-elgar.com ). 2005, 232 pp, £59-95. ISBN 1-85278-931-X.
It went without saying that the telecommunications industry was a state monopoly until the 1980s, but since then the industry has opened up to other countries and economic players at the instigation of the European Union's 1989 telecoms package.
This book starts by showing how this liberalisation is the outcome of a cluster of intermeshing causes, like the burst of new technology (which requires bigger markets to recoup investment), globalisation and the gradual adoption of American and British neo-liberal ideas. However, by studying changes in the regulations governing telecoms - which as the authors explain are both the 'nerve centre of a global information society' and the industry most affected by globalisation - the book also raises the question of the extent to which EU telecoms policy has converged, how it has converged and the impact of the European Union in this connection. The role of the European institutions cannot be overlooked, particularly the fact that 'European Commission officials embraced the new ideational orthodoxies about globalisation and liberalisation', acting as a 'policy entrepreneur' to a large extent in the reform of the telecoms industry: 'The Commission has acted as a policy entrepreneur, responding to the demands of new services providers and user interests, dramatising the extent of the external challenges and coordinating a collective member state response.' The EU has also served as an alibi for Member States to justify a series of measures. On the other hand, it is clear that while states are no longer sole proprietors and single operators, they have not disappeared from the picture, having become 'regulatory States' and 'competitive States' with autonomous agencies, along the lines of the United States. Moreover, rather than total deregulation, 're-regulation' is under way, along with competition between different countries. The book also demonstrates that while there are external influences, reforms of telecoms are also determined by the particular characteristics of the country in question. The book focusses on telecoms, but also covers the spread of digital broadcasting and the necessary digital convergence.
A series of chapters in this book on EU telecoms regulations look at a multitude of topics relating to the relation between countries and the phenomenon of globalisation, with the European Union as a transmission belt. The book shows that: 'Globalisation itself can be seen as a form of international neo-liberalisation advocated by the United states, by the EU, by multinational corporations, and by global organisations such as the International Monetary Fund (IMF) and the OECD.' The fact that the book was written by only two authors, rather than being a collection of essays by a series of contributors as is often the case for this type of work, is to be welcomed since it provides greater cohesion and the ideas flow more naturally.
Frederik Ronse
*** MICHAEL F. STROHMER (Ed.): International Mergers and Acquisitions. Peter Lang (Frankfurt am Main. Internet: http://www.peterlang.de ). 2005, 232 pp. ISBN 3-631-53385-3.
This anthology combines specialist scientific articles with practical case studies. Different points of view, based on scientific research, business administration and company law, provide readers with an overview of a phenomenon of whose mushrooming there is ample evidence in current events. International experts provide information, perspectives and viewpoints on international mergers and acquisitions, based on examples culled from the new EU Member States, Eastern Europe and Asia. The editor has the decency to warn readers in the introduction that this bilingual book (in English and German) is aimed solely at experts …
(LD)
*** GERHARD WAGNER (Ed.): Tort Law and Liability Insurance. Springer (Vienna. Internet: http://www.springeronline.com ). "Tort and Insurance Law" series, No. 16. 2005, 357 pp. ISBN 3-211-24482-4.
This tome in the "Tort and Insurance Law" series on the legal mechanisms governing insurance and liability, more specifically determining liability in the event of damage, explores the relations between these spheres of law which, while being separate, border on each other in often rather mysterious ways. Insurance specialists look at the legal problems connected with liability insurance (for products for example), while tort law specialists focus solely on the definition and explanation of criteria for defining liability. It would be logical to suppose there is a dynamic relationship between the two, as is in fact recognised by practitioners and the learned; but this relationship is negated in law, which claims that it does not exist, adding even that the two worlds have to be separated off. This collection of essays tests out the two viewpoints by measuring them against reality. The first part of the book looks at seven European 'countries' (Austria, England and Wales, Germany, Italy, Sweden and Switzerland) to determine whether the principle of separation is a legal reality or rather a smokescreen to hide judges' real aims. The second part of the book explores the US viewpoint and how things work in the United States (where tort law originated) with the subject also being examined from the economic viewpoint. Insurers' views are outlined and examined from a series of angles. The conclusion is a comparative analysis of the various reports, outlining several areas open for discussion. It should be noted that the analysis is rather subjective (which Gerhard Wagner makes no attempt to hide, given that the analysis requires the authors to interpret judges' decisions in order to determine what the implications might be).
(NDu)
*** HELMUT KOZIOL, BARBARA C. STEININGER (Eds.): European Tort Law 2004. Springer (see above). "Tort and Insurance Law Yearbook". 2005, 671 pp. ISBN 3-211-24479-4.
Harmonisation of law at European Union level requires prior in-depth understanding of the legal systems in question. Partly due to the various language barriers, it is often difficult to get information about the various legal systems, especially on recent changes to them. To facilitate this, various professors of law have written articles on recent changes in tort law (on insurance and liability and more specifically the determination of liability for damage). The first part looks discusses subjects like compensation for victims of dangerous activities, financial compensation in the event of catastrophe, the concept of strict liability and various grey areas in the interpretation of contracts. The second part reports on changes in European countries (EU Member States, Norway and Switzerland), following a description of their legal systems and the specific nature of each. Significant processes in each country are then reviewed, and the book provides various suggestions of further reading to learn more about recent trends outlined in the book.
(NDu)
*** JOANNA KRZEMINSKA: Free Speech Meets Free Movement - How Fundamental really is 'Fundamental'? The Impact of Fundamental Rights on Internal Market Law. Zentrum für Europäische Rechtspolitik an der Universität Bremen (Universitätsallee, GW 1, D-28359 Bremen). "ZERP-Diskussionspapier" No. 3. 2005, 30 pp, 8€.
This dense, compact study looks at the impact of fundamental rights on the laws governing the internal market. From the start, fundamental freedoms have been associated with the foundations of the single market and its construction, but fundamental rights have only been confirmed in the European Communities in a very gradual manner through the workings of the European Court of Justice, their consecration in the Charter of Fundamental Rights having been watered down by the void currently surrounding the Constitution. The author focusses on various situations where there are tensions between fundamental rights and fundamental freedoms, concentrating his analysis on the extent to which the right to free speech exists in the EU legal framework, with particular attention to the degree of protection granted to free speech in the context of trade. (LD)
*** IRINA MICHALOWITZ: Assessing Conditions for Influence of Interest Groups in the EU. Institut für Höhere Studien (56 Stumpergasse, A-1060 Vienna. Tel: (43-1) 59991-0 - Fax: 59991-555 - E-mail: library@ihs.ac.ar - Internet: http://www.ihs.ac.at ). "Reihe Politikwissenschaft - Political Science Series", No. 106. 2005, 28 pp, €6.
This brief study looks at interest groups' ability to influence the democratic decision-making process and the balance between the pressure of interest groups and the political autonomy of decision-makers. The author bases her analysis on four case studies in transport and information technology. In Irina Michalowitz' view, lobby groups have less influence on decision-making in the European Union than one might be tempted to imagine.
(LD)
*** ETIENNE MONTERO: Les contrats de l'informatique & de l'Internet. Editions Larcier (39 rue des Minimes, B-1000 Brussels). 2005, 271 pp. ISBN 2-8044-1723-9.
There are not many operations, activities or professions these days unaffected by computers and networks, hence the interest of this book taking a detailed look at the relationship between information technology lato sensu and contractual law because this new method (and fashion) of drawing up contracts raises original and brand new legal issues. In the first part, the author (who lectures in the law of obligations and the law governing information technology at the University Faculties of Notre-Dame de la Paix University of Namur in Belgium) examine the contractual aspects of computerising for internal reasons, leading the author on to look at training, qualifications and the content of contracts for IT supplies. The book looks at specific IT contracts, like maintenance and outsourcing. The second part considers e-communication and networks. After describing the various types of network and services available, Prof. Etienne Montero outlines the rules governing conflicting legal systems and the laws applying to cross-border situations. He then analyses various contracts signed upstream of network usage (like the creation and hosting of databases and websites, providing Internet access, and the like) before turning his attention to legal questions surrounding e-commerce, like the drawing up of contracts online. To this end, the various stages of the online signing of a contract are explained, namely online publicity, the exchange of consent online and the proof of obligations contracted online. A very detailed book!
(PBo)
*** 2004 Yearbook - Annuaire - Jahrbuch. Television Channels - Programme Production and Distribution / Les chaînes de télévision - Production et distribution des oeuvres audiovisuelles / Fernsehsender - Programmproduktion und -handel. European Broadcasting Monitoring Centre (76 allée de la Roberstau, F-67000 Strasbourg. Tel: (33-3) 88144400 - Fax: 88144419 - E-mail: obs@obs.coe.int - Internet: http://www.obs.coe.int /yb_premium/public/). 2005, No. 5, 124 pp, €80. ISBN 92-871-5565-8.
Every year, the Council of Europe's European Broadcasting Monitoring Centre publishes a five-volume yearbook analysing the broadcasting industry in detail (cinema, television, video and multimedia) in its thirty-five member states. This particular volume looks at television channels and provides a series of statistics on, for example, the percentage of viewing time for various types of programme (entertainment, sport and news) on the main public television channels in each member state, a classification of the main TV production companies in the European Union and their general financial situation. It includes the results of the eighth 'Eurofiction' study of the fiction programme market in Europe.
(FRo)
*** 2005 Yearbook - Annuaire - Jahrbuch. Household Audiovisual Equipment - Transmission - Television Audience / Equipement audiovisuel des ménages - Transmission - Audience de la télévision / Audiovisuelle Ausstattung der Haushalte - Ubertragungswege - Fernsehreichweiten. European Broadcasting Monitoring Centre (see above). 2005, No. 2, 112p, €85. ISBN 92-871-5785-5.
Another collection of statistics, this time on household audiovisual equipment (televisions, video recorders and DVD players) and household spending on such items. There are statistics on broadcasting transmission, like cable, satellite and terrestrial digital television and the financial situation of companies in this sector. The third part looks at television audiences in Europe, listing average viewer numbers, the market share of public service broadcasting and regional channels, and subscriptions to digital television. The final section lists television market breakdown country by country.
(NDu)