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Foundations and structure of state responsibility for infrastructure

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  • G. Hermes

Abstract

What do the different regulatory regimes applying to network-bound sectors, such as energy supply (electricity, gas), transport (streets, railway tracks, waterways, air routes) and communications (telecommunications lines, radio communication) have in common? In the light of recent developments, a number of common features come to the fore, at least on the basis of the law of Germany and the EC. This article outlines a general legal theory for these network infrastructures. First, it examines the remaining State responsibility for infrastructure, and the reasons why the State retains a role despite its withdrawal from operational functions. Secondly, it sets out the legal structures of that responsibility, as it relates to primary or `broad' networks, and secondary or `narrow' networks and services provided over those networks.

Suggested Citation

  • G. Hermes, 2000. "Foundations and structure of state responsibility for infrastructure," Competition and Regulation in Network Industries, Intersentia, vol. 1(2), pages 223-244, September.
    • Handle: RePEc:sen:journl:v:1:i:2:y:2000:p:223-244
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