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TITLE:
The not so 'borderless' internet: Does it still give rise to private international law issues?
AUTHOR(S):
Dan Jerker B. Svantesson, Bond University
DOCUMENT TYPE: Conference Paper
This document has been peer reviewed.
Svantesson, Dan Jerker B. (2006)The not so 'borderless' internet: Does it still give rise to private international law issues?, presented at the 61st Annual Australasian Law Teachers Association (ALTA) Conference, Legal Knowledge: Learning, Communicating and Doing, Victoria University, Melbourne, Australia, 4-7 July 2006
Permission to reprint this presentation has been received from the Australasian Law Teachers Association (ALTA) a professional body which represents the interests of law teachers in Australia, New Zealand, Papua New Guinea and the Pacific Islands.
An on-line copy of this presentation can be viewed at the 2006 (ALTA) Conference site
2006 HERDC submission
- Download the Document (PDF format - 111 K) - July 2006
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ABSTRACT:
Since its ‘birth’ approximately 15 years ago, the World Wide Web (WWW) has been viewed as borderless, and this ‘borderlessness’ has been seen as a major problem in relation to the application of private international law rules to WWW activities. However, recent technological advances let operators of Internet facilities identify the geographical location of those they interact with, enabling them to make their content available in certain locations only. These geo-location technologies can be seen to solve many of the legal problems associated with the Internet's borderlessness.
Having outlined what features of the WWW make it borderless, having noted how current rules of private international law are ‘effect-focused’, and having discussed the technologies potentially eliminating this borderlessness, the paper examines the extent to which the Internet (particularly the WWW) still give rise to private international law issues.
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