1998 Fiscal Year Final Research Report Summary
CONFLICT OF LAWS AND THE GLOBAL INFORMATION INFRASTRUCTURE
| Project/Area Number |
08452002
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | THE UNIVERSITY OF TOKYO |
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Principal Investigator |
ISHIGURO Kazunori THE UNIVERSITY OF TOKYO,SCHOOL OF LAW AND POLITICS,PROFESSOR, 大学院・法学政治学研究科, 教授 (00009854)
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| Project Period (FY) |
1996 – 1998
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| Keywords | GII / INTELSAT / ITU / electronic money / encryption policy / international taxation / international copyright infringements / universal services |
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| Research Abstract |
The CII was originally proposed in the first development-oriented world conference organized by the ITU.However, after that, the U.S.government began to use the GII as a trade tool, arid urged other countries to adopt similar trade and competition policy to those of the U.S.. That caused a great confusion on the fundamental image of the CII.At present, the CII is almost completely captured by trade specialists, like officials of the USTR.
J.F.Kennedy once proposed the establishment of the most advanced world telecommunications system for the better understanding of every nation and for the world peace. The goal of the CII should be the same as the J.F K.'s proposal, and, not the federal, but a state government established a state-wide fiber-optic networks in Iowa. The network, called as ICN, is really the most advanced one in the U.S., and was provided for the use of ordinary people for the better quality of life. The globalization of such efforts is needed in the context of the CII.
The fundamental notion of freedom itself which lie behind the trade policy of the U.S.government with regard to the CII is questionable. To understand the CII only from the supply side of telecommunications and other services is the main cause of confusion.
In this study, not only economic, but also social and cultural aspects of the CII are analyzed, and the well-balanced approach is proposed from the viewpoints of conflict of laws. Major problems touched on in this study include electronic money, encryption policy, extraterritorial application of national laws, the institutional aspects of the Internet, cross-border problems on copyright infringements, international taxation, cross-border lawful access, export administrations and regulations, the WTO regime etc..
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