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Please use this identifier to cite or link to this item: https://elib.bsu.by/handle/123456789/31770
Title: Международное сотрудничество в сфере телекоммуникационных технологий в рамках Европейского союза
Other Titles: International Cooperation in the Sphere of Telecommunication Technologies within the Framework of the European Union (Yuliya Kudryavets)
Authors: Кудрявец, Юлия Николаевна
Keywords: ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Государство и право. Юридические науки
ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Массовая коммуникация. Журналистика. Средства массовой информации
Issue Date: 2003
Publisher: Международное общественное объединение по изучению ООН и информационно-образовательным программам
Citation: Белорусский журнал международного права и международных отношений. — 2003. — № 4
Abstract: Today the most topical issues are those connected with telecommunication technologies functioning which has integrated the latest means of communication and information processing. The means of communication and information technologies are considered in the European Union as communication services and information transfer sphere. The main aim of the EU telecommunication policy is assistance in creation of a comprehensive system of communication facilities involving not only the EU member-states but also the neighbouring countries which are part of the global telecommunication network. The EU member-states have been working on the development of measures to co-ordinate national policies in the sphere of information and telecommunication technologies since the mid-1980s. The first norms relating to the common European telecommunication market can be found in two acts developed by the European Commission: The 1985 White Paper and the 1987 Green Paper on development of the common market of telecommunication and services. In fact they established the norms for telecommunication services trade, created legal grounds for competition stimulation on domestic markets and provided access to those markets for private and foreign manufacturers. While creating and using modern telecommunication system two private law issues may arise: what criteria may define the information service as the trade article and what legal means may be used for protection of the creative work product. Trade in such non-material product as services causes problems somewhat different from the issues in the commodities trade sphere, therefore a simple extension of the commodities trade regulations onto the services trade is impossible. Special rules are necessary which would take into account the specific nature of the product. These rales were established on the basis of the General Agreement on Trade in Services (GATS) and also its Annex on telecommunications. The main achievement of the GATS has become the fact of giving such non-material phenomenon as "services" the status of the article of international trade. The measures on implementation of the principles fixed in the GATS were developed in the EU Directive 2000/31/ EC on some legal aspects of the services in the information society. The problems of unification of exclusive rights protection are given in the EU directive 2001/29/EC from 22.05.2001 on harmonization of some aspects of the copyright law and ajjacent rights in the information society. It significantly expands the existing system of copyright and adjacent rights protection without contradicting it. The legal mechanism of communication facilities and information is fixed by the Council of Europe in obligations of the member-states under the following agreements: the 1958 European Agreement on Television Production Sharing, the 1960 European Agreement on the protection of television broadcasts and three Annexes to it (dated 1965, 1974 and 1983) and also the 1965 European Agreement on Prevention of Broadcasts from Stations Outside National Territory, the 1989 European Convention on Transnational Television and the 1994 European Copyright Convention. Agreements or special norms on communications, computing and information infrastructure such as the 1999 Budapest Declaration on European Policy in the Sphere of New Information Technologies have a great significance in improvement of legislation in telecommunications sphere. These agreements oblige the states to support the development of modern means of processing and transferring information including facilities: to exchange information on the policy in creation of information infrastructures, to search the possibilities to implement joint projects in the sphere of information and communication technologies as well as in the sphere of creation of telecommunication infrastructure: to design joint programmes on training of specialists in IT and services etc. Thus, the final objective of liberalization reforms in the European community has become the creation of a multilevel structure of common telecommunications market with an access for private producers and suppliers of information and communications services.
Description: Раздел "Международное право", рубрика "Международное частное право"
URI: http://elib.bsu.by/handle/123456789/31770
Appears in Collections:Белорусский журнал международного права и международных отношений. — 2003. — № 4

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