It’s been crawling around my crowded noggin that the net neutrality debate in the United States is curious since the internet belongs to the entire world. Internet doesn’t exist in a vacuum and whatever laws congress enacts to deal with this will have an affect on all transnational websites. Many of these are commercial enterprises with a consumer base in the United States. So I’ve been wondering if the big telcoms’ actions could be construed as an impediment to the profitability of these transnationals under Article XI [1] of the WTO charter:
Article XI*: General Elimination of Quantitative Restrictions
No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party.
This is the same rule that has allowed Chiquita to dominate the European bananna market, helped the U.S. impose GMO corn on Africa, and threatens the Canadian fresh water tables.
Any lawyers in the group that might want to comment on whether this could be applicable?
[2]
Links:
[1] http://www.wto.org/english/docs_e/legal_e/gatt47_01_e.htm
[2] http://www.addtoany.com/share_save?linkurl=http%3A%2F%2Fthehindsightfactor.com%2Fa_though_on_the_legality_of_net_neutrality&linkname=A%20thought%20on%20the%20legality%20of%20net%20neutrality