Title: Flexible markets, inert law: why accessibility and affordability to network services cannot be safeguarded through legal rules

Authors: Helen Stout

Addresses: Faculty of Technology, Policy and Management, Policy, Organisation, Law and Gaming (POLG), Delft University of Technology, P.O. Box 5015, 2600 GA Delft, The Netherlands

Abstract: The nature of market development differs from that of development in the legal system. The way in which the market develops is similar to what is often referred to as continuous evolution. The legal system, on the other hand, only changes as a result of clearly defined and identifiable interventions. Since we assume that the differences between the ways in which the market and the legal system develop affect public values, we will explore this relationship in depth.

Keywords: legal systems; inert law; continuous evolution; identifiable interventions; public values; nationality clauses; bilaterals; air transport services; markets in transition; accessibility; affordability; network services; networks.

DOI: 10.1504/IJPP.2009.025078

International Journal of Public Policy, 2009 Vol.4 No.5, pp.376 - 394

Published online: 12 May 2009 *

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