The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

scholarly journals In the Name of the International: The Supreme Court of Canada and the Internationalist Transformation of Canadian Private International Law

2002 ◽  
Vol 39 ◽  
pp. 117-209 ◽  
Author(s):  
Robert Wai
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Law Reform ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
International Treaties ◽  
Public International Law ◽  
Customary International Law ◽  
Liberal Internationalism ◽  
The Supreme Court

SummaryThis article discusses four judgments of the Supreme Court of Canada that transformed private international law in Canada and represent a striking episode in the internationalization of law — a form of judicial activism in the name of the international. It is argued that these cases evidence a mode of internationalization by internationalist policy consciousness that is distinct from, although often complementary to, internationalization via the mechanism of international treaties or changes in customary international law. The key features of this approach suggest some resemblances to the vision found in the traditions of liberal internationalism, Canadian internationalism, and public international law. The article cautions against several general dangers in the use of this approach in law reform and adjudication and uses two specific doctrinal issues in private international law to demonstrate what a richer policy discourse concerning internationalism would be.

The Role of Crushes on the Road to Autonomy

2009 ◽  
Vol 43 (9) ◽  
pp. 18-19
Author(s):  
MICHAEL S. JELLINEK
Keyword(s):  
The Road ◽  
On The Road

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

Scope of (Remedial) Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Private International Law ◽  
Online Environment ◽  
Public International Law ◽  
Current Practices

This chapterdraws attention to a new category of jurisdiction, what we may term ‘scope of jurisdiction’, or ‘scope of remedial jurisdiction’, and explains why this category of jurisdiction is particularly important in the online environment. It thenprovides a coherent framework for how we ought to approach this type of jurisdiction. In doing so, it draws upon experiences from recent cases; in particular, the Google Spain (González) case and the Google Canada (Equustek) case, both of which provide important insights into current practices regarding territoriality in private international law, and perhaps to a lesser extent public international law (as traditionally distinguished).

scholarly journals Politics, industry, and tourism: The conceptual construction of the blue highway

2020 ◽  
pp. 002252662097950
Author(s):  
Fredrik Bertilsson
Keyword(s):  
Road Network ◽  
Power Plants ◽  
Community Building ◽  
Atlantic Coast ◽  
Political Agenda ◽  
The Road ◽  
Conceptual Construction ◽  
On The Road ◽  
Post War

This article contributes to the research on the expansion of the Swedish post-war road network by illuminating the role of tourism in addition to political and industrial agendas. Specifically, it examines the “conceptual construction” of the Blue Highway, which currently stretches from the Atlantic Coast of Norway, traverses through Sweden and Finland, and enters into Russia. The focus is on Swedish governmental reports and national press between the 1950s and the 1970s. The article identifies three overlapping meanings attached to the Blue Highway: a political agenda of improving the relationships between the Nordic countries, industrial interests, and tourism. Political ambitions of Nordic community building were clearly pronounced at the onset of the project. Industrial actors depended on the road for the building of power plants and dams. The road became gradually more connected with the view of tourism as the motor of regional development.

scholarly journals Cycling Pathways

2021 ◽  
Author(s):  
Henk-Jan Dekker
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
Political Struggle ◽  
The Road ◽  
Wide Range ◽  
The World ◽  
Road Space ◽  
History Of ◽  
On The Road

In an effort to fight climate change, many cities try to boost their cycling levels. They often look towards the Dutch for guidance. However, historians have only begun to uncover how and why the Netherlands became the premier cycling country of the world. Why were Dutch cyclists so successful in their fight for a place on the road? Cycling Pathways: The Politics and Governance of Dutch Cycling Infrastructure, 1920-2020 explores the long political struggle that culminated in today’s high cycling levels. Delving into the archives, it uncovers the important role of social movements and shows in detail how these interacted with national, provincial, and urban engineers and policymakers to govern the distribution of road space and construction of cycling infrastructure. It discusses a wide range of topics, ranging from activists to engineering committees, from urban commuters to recreational cyclists and from the early 1900s to today in order to uncover the long and all-but-forgotten history of Dutch cycling governance.

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