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Customary Law of the Internet: In the Search for a Supranational Cyberspace Law (Information Technology and Law Series)
 
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Customary Law of the Internet: In the Search for a Supranational Cyberspace Law (Information Technology and Law Series) [Hardcover]

Paul P. Polanski (Author)

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Book Description

March 15, 2007 9067042307 978-9067042307 1st Edition.
Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contracts is discussed. The second part of the book deals with the emerging customary norms developed by the Internet community. Firstly, the importance of custom from historical perspective is discussed, followed by the analysis of the concept of international custom. Then the concept of Internet custom is presented, followed by a detailed methodology for evidencing customary norms in judicial proceedings. In the last part of the book, a number of Internet customs is presented. The last chapter discusses the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles, and more.

Editorial Reviews

Review

"...This book addresses legal issues currently facing the e-commerce community, and poses important questions relating to regulatory efforts. It is a must-read for members of the e-commerce industry, national and international policymakers, and students and researchers interested in Internet commerce."
---Cindy Fazzi, Dispute Resolution Journal

Book Description

This book deals comprehensively with the emergence of a new kind of law on the Internet that could be utilized by governments and private arbitrators to settle disputes. This new kind of law is what once used to be the only source of legal rights and obligations, namely customary law.

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