Conflict Of Laws And The Internet


Conflict Of Laws And The Internet
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Conflict Of Laws And The Internet


Conflict Of Laws And The Internet
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Author : Pedro de Miguel Asensio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24

Conflict Of Laws And The Internet written by Pedro de Miguel Asensio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Law categories.


The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.



Private International Law And The Internet


Private International Law And The Internet
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Author : Dan Jerker B. Svantesson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-03-22

Private International Law And The Internet written by Dan Jerker B. Svantesson and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-22 with Law categories.


In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.



Cross Border Infringement Of Personality Rights Via The Internet


Cross Border Infringement Of Personality Rights Via The Internet
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Author : Symeon C. Symeonides
language : en
Publisher: BRILL
Release Date : 2021-01-11

Cross Border Infringement Of Personality Rights Via The Internet written by Symeon C. Symeonides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-11 with Law categories.


Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.



Legal Aspects Of Globalisation Conflicts Of Laws Internet Capital Markets And Insolvency In A Global Economy


Legal Aspects Of Globalisation Conflicts Of Laws Internet Capital Markets And Insolvency In A Global Economy
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Author : Jurgen Basedow
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-26

Legal Aspects Of Globalisation Conflicts Of Laws Internet Capital Markets And Insolvency In A Global Economy written by Jurgen Basedow and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-26 with Law categories.


The phenomenon of increased interconnectedness of the world's societies, generally referred to as `globalisation', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.



Conflict Of Laws In The Maze Of Digital Platforms


Conflict Of Laws In The Maze Of Digital Platforms
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Author : Ilaria Pretelli
language : en
Publisher:
Release Date : 2018

Conflict Of Laws In The Maze Of Digital Platforms written by Ilaria Pretelli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.




Global Internet Law In A Nutshell


Global Internet Law In A Nutshell
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Author : Michael Rustad
language : en
Publisher: West Academic Publishing
Release Date : 2013

Global Internet Law In A Nutshell written by Michael Rustad and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Computer crimes categories.


The Global Internet in a Nutshell begins with a review of the history, technology, and competing theories of the Internet that enables a deeper understanding of case law and statutory developments discussed in the substantive chapters. It briefly covers the history of the Internet through the rapidly evolving Web 3.0, competing theories of Internet governance, cyber jurisdiction and enforcement of judgments, choice and conflicts of law, cybertorts, online contracting and licensing, the protection of online intellectual property assets, the protection of online privacy, criminal liability for Internet activity, and European Community directives such as the E-Commerce Directive, Brussels Regulation, and Rome I Regulation. The second edition presents a comprehensive review of cybertort and cybercrime developments including foreign cases. Each chapter of this revised edition reviews statutory and caselaw developments from the European Union as well as other foreign countries. This book is an ideal starting point for most Internet-related issues.



Internet Law


Internet Law
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Author : James Grimmelmann
language : en
Publisher:
Release Date : 2023-07-13

Internet Law written by James Grimmelmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Internet categories.




Internet Jurisdiction And Choice Of Law


Internet Jurisdiction And Choice Of Law
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Author : Faye Fangfei Wang
language : en
Publisher:
Release Date : 2010

Internet Jurisdiction And Choice Of Law written by Faye Fangfei Wang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Conflict of laws categories.


"The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions"--



Who Rules The Net


Who Rules The Net
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Author : Adam D. Thierer
language : en
Publisher: Cato Institute
Release Date : 2003

Who Rules The Net written by Adam D. Thierer and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Computers categories.


The rise of the World Wide Web is challenging traditional concepts of jurisdiction, governance, and sovereignty. Many observers have praised the Internet for its ubiquitous and "borderless" nature and argued that this global medium is revolutionizing the nature of modern communications. Indeed, in the universe of cyberspace there are no passports and geography is often treated as a meaningless concept. But does that mean traditional concepts of jurisdiction and governance are obsolete? When legal disputes arise in cyberspace, or when governments attempt to apply their legal standards or cultural norms to the Internet, how are such matters to be adjudicated? Cultural norms and regulatory approaches vary from country to country, as reflected in such policies as free speech and libel standards, privacy policies, intellectual property, antitrust law, domain name dispute resolution, and tax policy. In each of those areas, policymakers have for years enacted myriad laws and regulations for "realspace" that are now being directly challenged by the rise of the parallel electronic universe known as cyberspace. Who is responsible for setting the standards in cyberspace? Is a "U.N. for the Internet" or a multinational treaty appropriate? If not, whose standards should govern cross-border cyber disputes? Are different standards appropriate for cyberspace and "real" space? Those questions are being posed with increasing frequency in the emerging field of cyber-law and constitute the guiding theme of this book's collection of essays. Book jacket.



Internet Jurisdiction Law And Practice


Internet Jurisdiction Law And Practice
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Author : Julia Hörnle
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-07

Internet Jurisdiction Law And Practice written by Julia Hörnle and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.


Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.