internet jurisdiction and choice of law

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Internet Jurisdiction And Choice Of Law

Author : Faye Fangfei Wang
ISBN : 9781139488457
Genre : Law
File Size : 67. 25 MB
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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.

Jurisdiction In International Law

Author : William Michael Reisman
ISBN : 1840140933
Genre : Law
File Size : 77. 78 MB
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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.

Law Of Electronic Commercial Transactions

Author : Faye Fangfei Wang
ISBN : 9781134115297
Genre : Law
File Size : 80. 15 MB
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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.

Who Rules The Net

Author : Adam D. Thierer
ISBN : 9781933995762
Genre : Political Science
File Size : 24. 97 MB
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The rise of the Internet has challenged 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, who's 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 cyberspace law and constitute the guiding theme this book's collection of essays.


Author : Jonathan L. Zittrain
ISBN : STANFORD:36105063697523
Genre : Law
File Size : 89. 32 MB
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This casebook explores Internet Law as a coherent if organic whole -- integrating the historical sweep of the global Internet's development with both the opportunities and problems it has brought about. The book is broad and thorough enough to be the primary or sole text for a variety of Internet-related courses, while deep enough to bring students through the important nuances of such doctrinal topics as copyright, privacy and jurisdiction without assuming any particular prior exposure to these subfields

Internet Which Court Decides Internet Quel Tribunal Decide Which Law Applies Quel Droit S Applique

Author : Conferencia de La Haya de Derecho Internacional Privado
ISBN : 9789041110367
Genre : Law
File Size : 41. 69 MB
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This text provides coverage of the private international aspects of Internet-related law. It addresses the questions of which court has jurisdiction and which law is to be applied when litigation arises from activity on the Internet.

Internet And The Law

Author : Aaron Schwabach
ISBN : 9781851097319
Genre : Computers
File Size : 36. 45 MB
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Focusing on laws relating to intellectual property and freedom of expression, this book covers legal issues relating to information technology and the Internet. Exploring such legal battles as A & M Records v Napster and Apple Computer v Franklin Computer, it allows readers a look into stories of trade secrets, music theft, and industrial espionage.

The Internet And The Law

Author : Kevin M Rogers
ISBN : 9780230345737
Genre : Law
File Size : 78. 87 MB
Format : PDF
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This sector-leading text covers Internet Law in its broadest terms, providing a concise yet comprehensive introduction to what is an exciting, fast-moving and complex area of law. Analysis focuses on each of the important elements within the subject, from the implications of online contracting, distance selling and online payment, to issues arising from the emergence of Web 2.0 and the growth of social networking sites. The author also considers data protection issues, freedom of expression and defamation, and the treatment of Internet-related crimes. The text is underpinned throughout by wide-ranging references which will prove invaluable to students at both undergraduate and postgraduate level, whilst the clarity and immediate nature of the coverage will provide illumination for all readers who have an interest in the subject. The text is supported by end-of-chapter summaries, suggested further reading and questions for consideration. A useful companion website featuring regular updates on the latest developments in the subject, and containing all weblinks listed in the text, can be found at:

Jurisdiction And The Internet

Author : Uta Kohl
ISBN : 9781139467605
Genre : Law
File Size : 59. 35 MB
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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.

Conflict Of Laws

Author : Laura E. Little
ISBN : 9781454874904
Genre : Law
File Size : 25. 25 MB
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"This title is a Conflict of Laws casebook with contemporary, practical approach"-- Provided by publisher.

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