Cross Border Infringement Of Personality Rights Via The Internet

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Cross Border Infringement Of Personality Rights Via The Internet

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Author : Symeon Symeonides
language : en
Publisher: Brill Nijhoff
Release Date : 2021

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

Introduction : conflicts on steroids -- The internet -- The scope of this book -- Substantive law differences -- Jurisdictional differences in general -- Jurisdictional differences in cases involving injuries to rights of personality -- Differences and similarities in choice of law -- Recognition and enforcement of foreign judgments : The Hague Convention of 2019 -- The resolution (with comments) -- The resolution (without comments) -- Résolution (traduction) -- Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission -- Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.

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.

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 : 2021-08-05

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 2021-08-05 with Law categories.

In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five 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? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson 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. Focus is placed 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 jurisdictions, including Australia, England, Hong Kong SAR, 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 technologies and their 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 checklists 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 complex 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 private international law rules for communication via the Internet.

Private International Law

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Author : Symeon C. Symeonides
language : en
Publisher: BRILL
Release Date : 2021-11-08

Private International Law 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 2021-11-08 with Law categories.

This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Exploring Legal Safeguards For Personality Rights In The Era Of Artificial Intelligence

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Author : Dr. Amit Singh , Ms. Nidhi Shanker
language : en
Publisher: Laxmi Book Publication
Release Date : 2024-05-31

Exploring Legal Safeguards For Personality Rights In The Era Of Artificial Intelligence written by Dr. Amit Singh , Ms. Nidhi Shanker and has been published by Laxmi Book Publication this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Art categories.

Artificial Intelligence (AI) encompasses the ability of computers or robots to execute tasks that typically require human capabilities. Such tasks include speech recognition, language translation, decision-making, and visual perception. AI is categorized into narrow AI, artificial general intelligence (AGI), and artificial super intelligence (ASI). AGI aims to match human-level performance across all tasks, while ASI surpasses human intelligence in all areas. Currently, AI focuses on specific tasks, with AGI development largely undisclosed.

Conflict Of Laws And The Internet

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Author : Pedro De Miguel Asensio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02

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 2024-05-02 with Law categories.

In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Research Handbook On Cross Border Enforcement Of Intellectual Property

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Author : Paul Torremans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-12-31

Research Handbook On Cross Border Enforcement Of Intellectual Property written by Paul Torremans 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 2014-12-31 with Law categories.

The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf

Cross Border Litigation In Europe

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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16

Cross Border Litigation In Europe written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Private International Law In Brics

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Author : Stellina Jolly
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-08-08

Private International Law In Brics written by Stellina Jolly and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-08 with Law categories.

This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Localisation Of Damage In Private International Law

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Author : Olivera Boskovic
language : en
Publisher: BRILL
Release Date : 2024-11-11

Localisation Of Damage In Private International Law written by Olivera Boskovic and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-11 with Law categories.

Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.