Private International Law And The Internet

2., rev. ed. 2012
ISBN: 978-90-411-3416-5
Verlag: Wolters Kluwer

Buch, Englisch, 584 Seiten

In this fresh and original approach to what is perhaps the most crucial current issue in private international law, Dan Svantesson examines how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which states law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgement rendered in one country be recognised in another? He identifies eleven characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed investigation of whether and to what extent these characteristics (or their closest analogues) have already been dealt with in legal issues arising from other forms of communication.

Dr Svantesson’s approach focuses on several issues that have far-reaching consequences in the Internet context, including the following:

- cross-border defamation;
- cross-border business contracts; and
- cross-border consumer contracts;

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 international instruments. There is also a chapter on advances in geo-identification technology and ist special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts.

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 World Wide Web.

Autoren/Hrsg.

Svantesson, Dan Jerker B.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Mathematik | Informatik EDV | Informatik EDV & Informatik Allgemein Rechtliche Aspekte der EDV
• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht

Inhaltsverzeichnis

Foreword, Acknowledgements, Selected Abbreviations Chapter 1 Introduction Chapter 2 Approaching the Internet Chapter 3 Approaching Private International Law Chapter 4 Traditional Common Law: Australia, England and Hong Kong SAR Chapter 5 The United States of America Chapter 6 European Civil Law: Germany and Sweden Chapter 7 The People’s Republic of China Chapter 8 International Instruments Chapter 9 A Critique of Current Rules of Private International Law Chapter 10 Geo-Identification: Technology to the Rescue? Chapter 11 Proposed ‘Defamation Convention Model’ Chapter 12 Proposed ‘Contracts Convention Model’ Chapter 13 Concluding Remarks Selected Bibliography Table of Authorities Index