Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction
Date of this Version
Australian Research Council Future Fellowship (project number FT120100583)
When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.
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