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 : 86. 70 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.

Law Of Electronic Commercial Transactions

Author : Faye Fangfei Wang
ISBN : 9781134115297
Genre : Law
File Size : 76. 37 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.

Internet And The Law

Author : Aaron Schwabach
ISBN : 9781851097319
Genre : Computers
File Size : 32. 29 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.

Private International Law And The Internet

Author : Dan Jerker B. Svantesson
ISBN : 9789041159656
Genre : Law
File Size : 79. 52 MB
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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.

Jurisdiction In International Law

Author : William Michael Reisman
ISBN : 1840140933
Genre : Law
File Size : 51. 90 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.

Internet Law And Regulation

Author : Graham J. H. Smith
ISBN : 9780421909908
Genre : Computer networks
File Size : 43. 51 MB
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This guide explains the law and regulation in the UK as it applies to the Internet. The text is designed to help practitioners not only to identify the practical legal questions likely to arise, but also how to deal with them effectively.

The Internet And The Law

Author : Kevin M Rogers
ISBN : 9780230345737
Genre : Law
File Size : 77. 47 MB
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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: www.palgrave.com/law/rogers

Jurisdiction

Author : Jonathan L. Zittrain
ISBN : STANFORD:36105063697523
Genre : Law
File Size : 44. 49 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

The Law Of Defamation And The Internet

Author : Matthew Collins
ISBN : STANFORD:36105060994709
Genre : Law
File Size : 39. 55 MB
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The Internet is the first truly global communications medium. Anyone with a computer and an Internet connection can publish material to a potentially vast audience located in any number of countries around the world. The Internet is, at the same time, a great bastion of free speech and a medium of almost limitless international defamation. This title contains the first comprehensive analysis of the application of Anglo-Australian rules of civil defamation law to material published viathe Internet. As well as addressing the common law rules as they apply in the United Kingdom and Australia, it covers the operation of statutory modifications of the common law in each jurisdiction, the specific defences applying to Internet intermediaries, the European Union's Electronic Commerce Directive and comparative case-law from the United States. It also contains a substantial treatment of the relevant principles of jurisdiction and choice of law. The work contains a clear andnon-technical explanation of how the Internet works and the various ways in which it is used to publish material. Common Internet terms are defined in a glossary. Relevant legislation has been extracted and reproduced. As this is a field in which there are, as yet, few authorities and a large number of untested issues, the author's systematic approach towards the cause of action, defences and remedies, coupled with the frequent use of contextual examples, means this work will maintain its relevance in this fast moving area of the law. The title will be an invaluable reference for practitioners, Internet professionals, and students alike.

Jurisdiction And The Internet

Author : Uta Kohl
ISBN : 9781139467605
Genre : Law
File Size : 81. 46 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.

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