Christopher T. Marsden

–12 This section explores European legislative and regulatory responses to net neutrality in more detail. US net neutrality reforms were to be followed slowly in Europe, in reform of its ‘Telecoms Package’ completed in 2009 and implemented from 2011. 43 This difference led many political scientists to investigate the dynamics of the debate in both the US and Europe. 44 European law upheld transparency on

in Network neutrality
Leslie C. Green

security of any other state. This interpretation is strengthened by the terms of Article 301, which appears as part of the General Provisions of the Convention: ‘in exercising their rights and performing their duties under this Convention, States Parties shall refrain from any threat or use of force against the territorial integrity or political independence of any state, or in any other manner

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

treated equally, without any adverse distinction based on race, nationality, 27 religious beliefs or political opinions, 28 or any other distinction founded on similar criteria, such as language, colour, social or professional status, or the like. The reference to nationality makes it clear that aliens serving in a belligerent force who are captured are entitled to the same treatment as prisoners of war

in The contemporary law of armed conflict
Leslie C. Green

Supp. (1939), Part III, ‘Rights and duties of states in case of aggression’, 819, 825 n. 1. 4 ‘(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent

in The contemporary law of armed conflict
Open Access (free)
Neutrality, discrimination and common carriage
Christopher T. Marsden

audiovisual networks. At the time of writing, it is not at all clear how regulators will react to the mass mobilisations of users in the US (2014), India (2015) and potentially Europe (2016). Political scientists will find this a challenging and illuminating area to study, but for regulatory lawyers it is enough to remark that competition law will not entirely meet this challenge, as I explore in Chapter 2 . A

in Network neutrality
Christopher T. Marsden

Wide Web, Sir Tim Berners-Lee is British, the greatest UK contribution to the consumer Internet experience is associated with his work. In consequence, much public and especially political debate on net neutrality is reactive to Berners-Lee’s pronouncements. In 2006 Berners-Lee explained: ‘There have been suggestions that we don’t need legislation because we haven’t had it. These are nonsense, because

in Network neutrality
Abstract only
Leslie C. Green

Members of the armed forces must extend to these too the rights and protections afforded by the law of armed conflict. 93 It is not for the soldier in the field to determine his conduct in accordance with what he believes to be the political approach of his government. Thus soldiers should be reminded that enemy personnel falling into their hands must be treated as prisoners of war; it is not for them to decide upon the

in The contemporary law of armed conflict
Leslie C. Green

by the Charter of the Nuremberg Tribunal. 169 It should be remembered, however, that this is only a recommendation lacking any legal force, but possessing significant political authority. Nevertheless, there is a tendency among the members of the United Nations, as well as writers, to accept this resolution as declaratory of customary law, especially as the International Law Commission

in The contemporary law of armed conflict
Leslie C. Green

and localities. 67 There is, of course, nothing to prevent a party establishing such a zone in peacetime and informing other parties to the Convention of it. Medical and religious personnel whose detention is no longer necessary for the ministration to the wounded and sick should be allowed to return to their own party, without discrimination on racial, religious or political grounds in selecting those

in The contemporary law of armed conflict
Privacy, liability and interception
Christopher T. Marsden

assertion of the broader social, economic and political value of universal and non-discriminatory access to Internet resources among those connected to the Internet’. 43 He also argued that the tendency of governments in both repressive and traditionally democratic regimes to impose liability on IAPs to censor content for a plethora of reasons argues for a policy of robust non

in Network neutrality