Issues on Private International Law about the Illicit Transaction in Cultural Properties over the Internet - Focused on Transactions in the Form of C2C, B2C, and Internet Auction -

2021 ◽  
Vol 27 (1) ◽  
pp. 173-208
Author(s):  
Sung-Jae Hwang
Keyword(s):  
International Law ◽  
The Internet ◽  
Private International Law ◽  
Internet Auction ◽  
Cultural Properties

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.

Solving the Internet Jurisdiction Puzzle

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Cyber Security ◽  
Data Privacy ◽  
Modern World ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
Legal Principles ◽  
Privacy Law ◽  
History Of

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely 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––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a 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 than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, 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 properly to understand and work with rules of Internet jurisdiction. While Solving the Internet 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.

Internet Jurisdiction Law and Practice

2021 ◽  
Author(s):  
Julia Hörnle
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Data Protection ◽  
Hate Speech ◽  
Public Law ◽  
The Internet ◽  
Private Law ◽  
Private International Law ◽  
Online Data ◽  
Media Regulation

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals The Internet in Light of Traditional Public and Private International Law Principles and Rules Applied in Canada

2002 ◽  
Vol 39 ◽  
pp. 3-67 ◽  
Author(s):  
J.-G. Castel
Keyword(s):  
International Law ◽  
The Internet ◽  
Private International Law ◽  
Public And Private ◽  
International Context ◽  
International Convention ◽  
The Common ◽  
Use Of The Internet ◽  
Personal Jurisdiction ◽  
Conflicts Of Jurisdiction

SummaryThis article addresses the problems related to the use of the Internet in Canada in an international context. Does international law allow Canada to regulate the Internet and its actors even if they are located abroad? Under the constitution, which level of government has the authority to do so? In which circumstances have the courts in Québec and in the common law provinces personal jurisdiction over persons using the Internet in an international context and which law do these courts apply? When are Canadian courts prepared to recognize and enforce foreign judgments involving the Internet and its actors? The author deals with these questions and is of the opinion that in most situations the federal Parliament has the jurisdiction to prescribe and the Canadian courts have the jurisdiction to adjudicate with respect to the Internet and its actors in an international context without violating international law. However, to avoid conflicts of jurisdiction, it would be better to adopt an international convention covering the various aspects of the Internet.

The Influence of Swiss Private International Law on the Italian Codification

2002 ◽  
Vol 30 (2) ◽  
pp. 244-255
Author(s):  
Andrea Bonomi
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Information Society ◽  
Comparative Law ◽  
The Other ◽  
The Internet ◽  
Private International Law ◽  
The Subject ◽  
The University

The subject of this contribution is the influence of Swiss Private International Law (PIL) on the Italian codification. This topic could be regarded as rather old-fashioned. One of the terms of the comparison, the Italian statute of private international law, goes back to May 1995 and the other, the Swiss PIL Act, is even older, almost “prehistoric” since it was adopted in 1987 and entered into force on the 1st January 1989, that means in an era which preceded the advent of the Internet and the “Information Society.” Not even the idea of comparing these two pieces of legislation is an entirely new one, since a very accurate comparative analysis of the two codifications has already been done by Mr. Dutoit, professor of PIL and comparative law at the University of Lausanne, in an article of 1997.

Jurisdiction Over Cross-Border Wrongs On The Internet

2005 ◽  
Vol 54 (3) ◽  
pp. 585-620 ◽  
Author(s):  
Oren Bigos
Keyword(s):  
International Law ◽  
The Internet ◽  
Private International Law ◽  
Cross Border

The internet presents challenges for private international law. One challenge relates to jurisdiction, which is traditionally based on territory. Transactions on the internet span many borders. When cross-border wrongs are committed they may lead to transnational litigation. This article examines the circumstances in which a court can exercise jurisdiction over a foreign defendant alleged to have committed a civil wrong over the internet. Section I examines the background to jurisdiction and the internet and sets the scope of the topic. Section n gives a brief summary of the internet and its applications. Section HI examines jurisdictional rules in civil wrongs cases.The focus is on two sets of rules commonly applied around the globe: the service abroad provisions and the special jurisdiction provisions. Section IV aims to apply those jurisdictional rules to cases of wrongs committed on the internet. It advances general principles, applicable in cases of cross-border wrongs committed on the internet, relating to the place where a wrong is committed and the place where damage is suffered. Defamation has its own peculiarities and is discussed separately. The issue of whether a court can grant an injunction against a foreign defendant in respect of foreign conduct is explored. The article concludes (in Section V) that existing jurisdictional rules need not be amended in light of the internet, and offers general statements about how jurisdictional rules apply to wrongs committed on the internet.

Introduction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
The Public ◽  
Cross Border ◽  
The Law

This chapter introduces the topic of the book with particular focus on displaying its diversity. It brings attention to the challenges we face, especially due to our current territoriality-focused paradigm. It hints at the tools—the law reform initiatives—needed to solve the Internet jurisdiction puzzle. Finally, this chapter outlines and discusses a set of fundamental assumptions that have impacted how the author views this area of law. Based on those fundamental assumptions, it is argued that the Internet serves humanity best where it caters for cross-border interaction governed by law: law with an appropriate reach determined not merely by national territoriality but also by broader international interests that transcend the public/private international law divide.

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