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Private International Law and the Internet (Information Law Series Set)
 
 
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Private International Law and the Internet (Information Law Series Set) [Hardcover]

Dan Jerker B. Svantesson (Author)

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Book Description

February 7, 2007 9041125167 978-9041125163
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 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.

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.


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Inside This Book (learn more)
First Sentence:
Integration and diversity are the two dominant features of modern culture that in conjunction give rise to conflicts of laws. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
wehsite operator, court first seised, foro proprio, unjustified doctrine, loci delicti rule, double actionability test, flexibility versus predictability, non conreniens, injuring act, second seised, distinctly more appropriate, private international law, double actionability rule, declining jurisdiction, juridical advantages, flexible exception, extraterritorial claims, defamatory material, wide jurisdictional, traditional common law approach, international law rules, common law recognition, court seised, legislative claims, foreign forum
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Hong Kong, People's Republic of China, Hague Convention, United States, Rome Convention, Dow Jones, Contracting State, Supreme Court, New York, Clarendon Press, International Covenant, European Union, Norstedts Juridik, European Parliament, United Nations, Company Inc, Melbourne Journal, Model Law, New South Wales, New Zealand, Third Draft, First Amendment, Hague Conference, Macquarie Bank Limited, South Australia
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