Search results

national interests ( ibid .: 25–6): 1) Russia and China, the two great ‘revisionist powers’; 2) North Korea and Iran, two ‘rogue states’ that undermine geopolitical equilibrium in Northeast Asia and the Middle East; 3) ‘Jihadist terrorist groups’ and international criminal organisations that propagate violence and traffic drugs and arms. The document offers an extensive list of actions to be undertaken by the US to achieve strategic objectives and confront rivals, from controlling borders to increasing military expenditure and protecting competitive

Journal of Humanitarian Affairs
Open Access (free)

regulation at EU level threatens to undermine these political objectives. Without more co-ordinated action in the field of sport, EU policy towards sport risks being pulled apart by competing policy tensions. Traditionally, the sports sector has developed rules which have attempted to maintain a competitive balance between participants. Given the extent of commercialisation in European sport, the maintenance of these rules is considered by many as essential. However, many of these alleged pro-competitive rules have been regarded as anti-competitive by the EU. Again, the

in Sports law and policy in the European Union

location within the EU’s constitutional structure post-2004 will be dependent on the activities of the two advocacy coalitions working within the sports policy subsystem. The sports policy subsystem is not a non-neutral arena existing simply to process inputs into outputs in an apolitical manner. Rather activity within it will determine sports future legal and constitutional status. The need to construct better empirical and theoretical understandings of the subsystem is therefore paramount. The main theoretical contribution advanced in this book is the need for

in Sports law and policy in the European Union

process, as we saw in the case of the UK in Chapters 2 – 3 . While regulator Ofcom has been groundbreaking in its research into traffic management measurement, it has tried to solve neutrality problems with co-regulation. This process needs a brief definition, and while I have written extensively on the matter, here I use the term defined by Lord Justice Leveson in the 2,500-page report into ‘phone hacking’. He states

in Network neutrality

parties, thereby placing them at a competitive disadvantage; e make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. 2 Any agreements or decisions prohibited pursuant to this Article shall be automatically void. 3 The provisions of paragraph 1 may, however, be declared inapplicable in the case of: • any agreement or category of agreements between undertakings; • any decision or category of decisions by

in Sports law and policy in the European Union

explains that: ‘Ordoliberalism … proposes an alternative method to pure laissez-faire and state planned economy for the better regulation of the market economy by having as goals the protection of the competitive process and individual freedom.’ 11 Vatiero reminds us that ordoliberalism is a political aim to be achieved by the economic means of preventing dominant companies capturing the economic and

in Network neutrality

understood as constituting a legal relationship – social norms become legal norms’ (Gardiner et al. 1998: 66). Juridification therefore refers to the process through which the general laws of the land penetrate the internal laws of sport. The juridification of sport accelerated interest in the idea of sport and the law as an area of legal study. Established general legal principles deriving from, for instance, criminal law, contract law, the law of torts, public law, administrative law, property law, competition law, EU law, company law, fiscal law and human rights law

in Sports law and policy in the European Union

restrictive measures; minimize the effects of temporary or exceptional network congestion provided that equivalent types of traffic are treated equally. It continues: ‘Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph.’ Articles 21–24 then explain users’ contractual remedies

in Network neutrality

states: ‘zero rating can clearly be pro-competitive … [and] becomes less of an issue with … higher or unlimited data allowances. Regulators need to be vigilant.’ 17 Competition in the US is ‘inter-modal’ between cable and telecoms, not ‘intra-modal’ between different telecoms companies using the incumbents’ exchanges to access the ‘Last Mile’. 18

in Network neutrality

’ net neutrality. I explain both in turn. Negative neutrality is the blocking and throttling of content that threatens the business model of the IAP. This can be relatively benign when it is spam email and viruses that are blocked. It can also be self-serving and anti-competitive when it is unjustified and unreasonable restrictions on user’s preferred content that is affected

in Network neutrality