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[2nd ed.] In this, the second edition of Private International Law and the Internet , Dan Svantesson takes a fresh and original approach to what is perhaps 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 eleven 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. Dr 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 trademark issues. 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 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. 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 Internet.
Computer architecture. Operating systems --- International private law --- Conflict of laws --- Internet --- Computer networks --- Juridiction (Droit international privé) --- Droit international privé --- Réseaux d'ordinateurs --- Jurisdiction --- Law and legislation --- Droit --- Conflict of laws. --- Jurisdiction. --- Law and legislation. --- Juridiction (Droit international privé) --- Droit international privé --- Réseaux d'ordinateurs --- Conflict of laws - Jurisdiction --- Internet - Law and legislation --- Conflit de juridictions --- Propriété intellectuelle
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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 mode) 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.
Conflict of laws --- Internet --- Jurisdiction --- Law and legislation --- 34:681.3 --- Informaticarecht --- Conflict of laws. --- Law and legislation. --- 34:681.3 Informaticarecht --- Conflict of laws - Jurisdiction --- Internet - Law and legislation
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Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue
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This text deals with the topic of Internet jurisdiction, and why territoriality is not suitable in determining this area. Svantesson surveys possible solutions advanced in the area of Internet jurisdiction, as well as assessing the new proposals for law reform that demand a paradigm shift in relation to jurisdiction.
Internet --- Jurisdiction. --- Law and legislation. --- Competent authority --- Law --- Conflict of judicial decisions --- Courts --- Judgments --- Venue --- Cyberspace --- Law and legislation
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In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five 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? How wide 'scope of jurisdiction' should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another?Professor Svantesson 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.Focus is placed 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; andcross-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 jurisdictions, including Australia, England, Hong Kong SAR, 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 technologies and their 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 checklists 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 complex 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 private international law rules for communication via the Internet.
Internet --- Conflict of laws --- Electronic commerce --- Droit international privé --- Conflit de juridictions. --- Commerce électronique --- Law and legislation --- Intellectual property --- Internet. --- Propriété intellectuelle. --- Droit international privé --- Commerce électronique --- Propriété intellectuelle.
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In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five 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? How wide 'scope of jurisdiction' should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another?Professor Svantesson 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.Focus is placed 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; andcross-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 jurisdictions, including Australia, England, Hong Kong SAR, 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 technologies and their 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 checklists 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 complex 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 private international law rules for communication via the Internet.
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John Oliver formulated in this context the very question about the limits, about the use and abuse, of the law and of the state's power when it comes to global mass surveillance practices. Where does lie the 'thin red line' between the two legitimate yet seemingly competing interests: national security and privacy? [...] The result we present to the reader might seem merely another book about the Snowden affaire and the fall of Safe Harbor, but these two have been (only) an inspiration. Our object of interest is the protection of data privacy in relations between Europe and Americas as a challenge for democracy, the rule of law and fundamental rights. [...] The present book is very clearly an anthology - it is a compilation of diverse contributions, from different perspectives, within a broad topic. Our aim with this volume is to highlight a selection of particularly 'hot' questions within the topic of trans-Atlantic data privacy relations as they look at the end of 2016. [...] In the final chapter, we draw out and highlight those themes we see emerging within the body of this work. We eventually attempt to suggest a few lessons de lege ferenda.
Human rights --- International private law --- Sécurité nationale. --- National security --- Droit à la vie privée. --- Exterritoriality --- Privacy, Right of --- Data protection --- Transborder data flow --- Protection de l'information (informatique) --- Exterritorialité. --- Law and legislation. --- Law and legislation --- Droit. --- Sécurité nationale --- Droit à la vie privée --- Exterritorialité --- Droit --- Comparative law --- Droit comparé --- Droit à la vie privée --- Protection de l'information (Informatique) --- Sécurité nationale --- Privacy, Right of - European Union countries --- Privacy, Right of - United States --- Data protection - Law and legislation - European Union countries --- Data protection - Law and legislation - United States --- National security - European Union countries --- National security - United States --- Europäische Union. --- Europe --- United States. --- USA. --- Homeland defense --- Homeland security --- European Union --- Unión Europea --- Union européenne --- Europaeiske Union --- Union Europea --- Eurōpaïke Enōsē --- Unione Europea --- Europese Unie --- União Europeia --- Aontas Eorpach --- Europska Unija --- Unia Europejska --- Europos Sa̜junga --- ES --- Eiropas Savienība --- Unió Europea --- Evropská Unie --- Avrupa Birliği --- Evropejskoe Soobščestvo --- Európai Unió --- Uniunea Europeană --- EU --- EM --- Brüssel --- Straßburg --- Europäische Gemeinschaften --- 01.11.1993 --- -Europe --- United States of America --- Vereinigte Staaten von Amerika --- Nordamerika --- Amerika --- United States --- Etats Unis --- Etats-Unis --- Vereinigte Staaten --- Estados Unidos de America --- EEUU --- Vereinigte Staaten von Nordamerika --- Soedinennye Štaty Ameriki --- SŠA --- Stany Zjednoczone Ameryki Północnej --- Hēnōmenai Politeiai tēs Boreiu Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- HēPA --- Ēnōmenes Politeies tēs Amerikēs --- ĒPA --- Meiguo --- Etats-Unis d'Amérique --- US --- Amerikaner --- Konföderierte Staaten von Amerika --- Soedinennye Štaty Ameriki --- SŠA --- Stany Zjednoczone Ameryki Północnej --- Hēnōmenai Politeiai tēs Boreiu Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- HēPA --- Ēnōmenes Politeies tēs Amerikēs --- ĒPA --- Etats-Unis d'Amérique --- Konföderierte Staaten von Amerika --- Sécurité nationale. --- Droit à la vie privée. --- Exterritorialité.
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Privacy, Right of. --- Data protection --- Disclosure of information --- Computer security --- Law and legislation.
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