Private International Law And The Internet PDF Download
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Author | : Dan Jerker B. Svantesson |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Conflict of laws |
ISBN | : 9789041159564 |
Download Private International Law and the Internet Book in PDF, ePub and Kindle
Introduction -- Approaching the internet -- Approaching private international law -- Traditional common law : Australia, England, and Hong Kong, SAR -- The United States of America -- European civil law : Germany and Sweden -- The People's Republic of China -- International instruments -- A critique of current rules of private international law -- Geo-identification : impact, risks and possibilities -- Proposed 'defamation convention model' -- Proposed 'contracts convention model' -- Concluding remarks
Author | : Dan Jerker B. Svantesson |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 659 |
Release | : 2016-03-22 |
Genre | : Law |
ISBN | : 9041159657 |
Download Private International Law and the Internet Book in PDF, ePub and Kindle
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.
Author | : Tobias Lutzi |
Publisher | : |
Total Pages | : 272 |
Release | : 2020-07-02 |
Genre | : |
ISBN | : 9780198865261 |
Download Private International Law Online Book in PDF, ePub and Kindle
Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online.It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders.Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The bookaddresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to onlineplatforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union.Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.
Author | : Pedro De Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 561 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035315130 |
Download Conflict of Laws and the Internet Book in PDF, ePub and Kindle
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.
Author | : George A. Bermann |
Publisher | : BRILL |
Total Pages | : 648 |
Release | : 2017-05-15 |
Genre | : Law |
ISBN | : 9004348271 |
Download International Arbitration and Private International Law Book in PDF, ePub and Kindle
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration’s dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of “soft law”, some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author | : Julia Hörnle |
Publisher | : Oxford University Press, USA |
Total Pages | : 545 |
Release | : 2021-01-07 |
Genre | : Law |
ISBN | : 0198806922 |
Download Internet Jurisdiction Law and Practice Book in PDF, ePub and Kindle
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.
Author | : Horatia Muir Watt, |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : |
Genre | : |
ISBN | : 1788119231 |
Download Global Private International Law Book in PDF, ePub and Kindle
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author | : Pedro de Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 490 |
Release | : 2020-04-24 |
Genre | : Law |
ISBN | : 178811082X |
Download Conflict of Laws and the Internet Book in PDF, ePub and Kindle
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.
Author | : Patrick J. Borchers |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Conflict of laws |
ISBN | : 9781782544265 |
Download Jurisdiction and Private International Law Book in PDF, ePub and Kindle
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 92 |
Release | : 2019-10-15 |
Genre | : Law |
ISBN | : 9280529137 |
Download When Private International Law Meets Intellectual Property Law Book in PDF, ePub and Kindle
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.