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Internet Jurisdiction and Choice of Law

Internet Jurisdiction and Choice of Law Author Faye Fangfei Wang
ISBN-10 9781139488457
Release 2010-08-12
Pages
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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.



Internet Law in China

Internet Law in China Author Guosong Shao
ISBN-10 9781780633374
Release 2012-03-14
Pages 316
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A comprehensive, structured, and up-to-date introduction to the law governing the dissemination of information in a computer-mediated world in China, Internet Law in China stresses the practical applications of the law that are encountered by all individuals and organizations in Chinese cyberspace, but always in the light of theoretical underpinnings. Among the overarching topics treated in the Chinese context are the following: intellectual property protection in cyberspace; privacy of communication and data privacy; electronic contract forming and electronic signature; personal, domestic and international jurisdiction; and free expression in cyberspace. This book is particularly valuable to legal, business, and communication professionals, academics, and students concerned with the regulation of the Internet and related activities in China. It is the first book to focus solely on Chinese Internet law. The first book to systematically explore the legal doctrines and principles that apply to the Internet and related activities in China Broad coverage: from Internet speech to proprietary interests, privacy issues, electronic contracts, and jurisdiction Original comparative analysis of China’s Internet regulation practice in the global context



Law of Electronic Commercial Transactions

Law of Electronic Commercial Transactions Author Faye Fangfei Wang
ISBN-10 9781134115297
Release 2014-01-10
Pages 376
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The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.



Jurisdiction and the Internet

Jurisdiction and the Internet Author Uta Kohl
ISBN-10 9781139467605
Release 2007-10-18
Pages
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Which state has and should have the right and power to regulate sites and online events? Who can apply their defamation or contract law, obscenity standards, gambling or banking regulation, pharmaceutical licensing requirements or hate speech prohibitions to any particular Internet activity? Traditionally, transnational activity has been 'shared out' between national sovereigns with the aid of location-centric rules which can be adjusted to the transnational Internet. But can these allocation rules be stretched indefinitely, and what are the costs for online actors and for states themselves of squeezing global online activity into nation-state law? Does the future of online regulation lie in global legal harmonisation or is it a cyberspace that increasingly mirrors the national borders of the offline world? This 2007 book offers some uncomfortable insights into one of the most important debates on Internet governance.



Who Rules the Net

Who Rules the Net Author Adam D. Thierer
ISBN-10 1930865430
Release 2003
Pages 499
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This book considers the threarts to free speech and online commerce posed by international goverment attempting to impose such territorial statutes and standards within cyberspace.



Jurisdiction in International Law

Jurisdiction in International Law Author William Michael Reisman
ISBN-10 1840140933
Release 1999-01-01
Pages 637
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This series brings together published journal articles in international law as determined by the editors of each volume in the series. The proliferation of law, specialist journals, the increase in international materials and the use of the internet has maeant that it is increasingly difficult for students and legal scholars to have access to the relevant articles. In addition each volume contains an informative introduction which provides an overview of the subject matter and justification of why the articles were collected. This series contains collections of articles in a manner that is of use for both teaching and research.



International Internet Law

International Internet Law Author Joanna Kulesza
ISBN-10 9781136337949
Release 2012-03-15
Pages 224
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This book discusses the international legal issues underlying Internet Governance and proposes an international solution to its problems. The book encompasses a wide spectrum of current debate surrounding the governance of the internet and focuses on the areas and issues which urgently require attention from the international community in order to sustain the proper functioning of the global network that forms the foundation of our information fuelled society. Among the topics discussed are international copyright protection, state responsibility for cyber-attacks (cyberterrorism), and international on-line privacy protection. Taking a comparative approach by examining how different jurisdictions such as the United States, the European Union, China and Singapore have attempted various solutions to the problem of Internet Governance, the author offers a practical solution to the problem and is a proponent of International Internet Law. Kulesza suggests that just as in the case of International Environmental Law, an Internet Framework Convention could shape the starting point for international cooperation and lead to a clear, contractual division of state jurisdictional competences. International Internet Law is of particular interest to legal scholars engaged with the current challenges in international law and international relations, as well as students of law, international relations and political science. The issues discussed in the book are also relevant to journalists and other media professionals, facing the challenges of analyzing current international developments in cyberspace.



Internet Law

Internet Law Author Chris Reed
ISBN-10 0521605229
Release 2004-10-07
Pages 328
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Global view of the fundamental legal issues raised by the advent of the Internet.



Electronic Commerce and International Private Law

Electronic Commerce and International Private Law Author Lorna E. Gillies
ISBN-10 9781317145240
Release 2016-04-29
Pages 286
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Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.



Private International Law and the Internet

Private International Law and the Internet Author Dan Jerker B. Svantesson
ISBN-10 9789041125163
Release 2007
Pages 440
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In this, the second edition of Private International Law and the Internet, Dan Svantesson takes a fresh and original approach to what is perhaps 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 eleven 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. Dr 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 trademark issues. A wide survey of private international law solutions encompasses insightful 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. Dr 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.



Jurisdiction and Arbitration Agreements in International Commercial Law

Jurisdiction and Arbitration Agreements in International Commercial Law Author Zheng Sophia Tang
ISBN-10 9781136013447
Release 2014-02-05
Pages 276
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Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.



Electronic Consumer Contracts in the Conflict of Laws

Electronic Consumer Contracts in the Conflict of Laws Author Zheng Sophia Tang
ISBN-10 9781782259305
Release 2015-10-22
Pages 432
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The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.



Law and the Internet

Law and the Internet Author Lilian Edwards
ISBN-10 9781847317124
Release 2009-09-10
Pages 708
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This is the third edition of a successful book which offers students and practitioners an up-to-date overview of developments in Internet law and practice. The editors have once again assembled a team of specialist authors to write about those aspects of Internet law which are of special importance in the global regulation of the Internet and focussed around three principal themes- e-commerce, intellectual property, and privacy, data protection and cyber-crime with, in addition a major contribution on Internet Governance. This edition incorporates for the first time areas such as data protection, privacy and electronic surveillance, cyber crime and cyber security, jurisdiction and dispute resolution online. The sectionon IP contains clear and comprehensive analysis of the many and varied ways in which IP and the internet intersect including open source licenses and the IP problems around search engines. The new edition also takes account of all current cases and legislation, including the draft revised EC Telecoms Package and the Audio Visual Media Services Directive. This book will be essential reading for students, teachers and practitioners interested in Internet law and practice as well as technologists and social scientists. 'The book is easy to read, and...has been well edited...and flows smoothly through the various topics. ...the book provides a worthwhile overview of this developing area of law throughout the world.' Peter Walsh, International Trade Law Annual 'a thorough and stimulating survey. ...a good introduction for lawyers and students approaching Internet and e-commerce law for the first time, and a useful course text.' Brian Hutchinson, The Irish Jurist



Complex Litigation

Complex Litigation Author E. Thomas Sullivan
ISBN-10 9781630447823
Release 2012-09-05
Pages
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This unique coursebook has a number of distinguishing features. First, unlike traditional casebooks with their primary focus on case materials, the text presents a limited number of leading cases, coupled with extensive textual and note material reviewing existing doctrine and exploring unanswered legal and policy issues. Second, the text is current on cutting-edge issues while still paying attention to the fundamentals. Third, the text is both compact and comprehensive. This text aims to be state-of-the-art in the field of complex litigation and is designed for use in ether two- or three-unit courses. In addition to structural issues, such as Internet jurisdiction, the use of "minimal diversity" as a basis for federal jurisdiction, and mechanisms for the coordination of overlapping federal and state litigation, the text contains in-depth discussion of: The most recent developments in class action practice under Federal Rule 23; appointment and compensation of lead and class counsel; operation of the multidistrict statute; choice of law issues in multijurisdictional cases; and preclusion issues raised by complex cases, including limits on the use of non-party preclusion under the Supreme Court's decision in Taylor v. Sturgell. The text also examines core aspects of the complex litigation process itself, including judicial management of the pre-trial process, the conduct and control of discovery with a focus on the burgeoning field of electronic discovery including metadata, and mechanisms for disposing of cases without trial, including comprehensive treatment of the Supreme Court's recent decisions facilitating dismissal of cases on the pleadings, and the increasing prevalence of arbitration and waivers of class arbitration. This eBook features links to Lexis Advance for further legal research options.



The Internet and Constitutional Law

The Internet and Constitutional Law Author Oreste Pollicino
ISBN-10 9781317407997
Release 2016-01-13
Pages 264
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This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.



Encyclopedia of Private International Law

Encyclopedia of Private International Law Author Jürgen Basedow
ISBN-10 1782547223
Release 2017-09-29
Pages 2500
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The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.



Intellectual Property and Private International Law

Intellectual Property and Private International Law Author Josef Drexl
ISBN-10 9781847312419
Release 2005-02-23
Pages 384
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The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).