Title

The relation between public international law and private international law in the internet context

Date of this Version

January 2006

Document Type

Journal Article

Publication Details

Svantesson, Dan Jerker B. (2006) The Relation Between Public International Law and Private International Law In The Internet Context, Yearbook of New Zealand Jurisprudence, Volume 9, pp. 154-160.
To obtain a copy of this article contact the Yearbook of New Zealand Jurisprudence

2006 HERDC submission

Abstract

The relation between private international law and public international law has gained little attention. Indeed, in legal education, the two disciplines are treated as two completely separate subjects and, in my experience, comparisions of the two ordinarily fall outside the curriculum. This practice has always been unfortunate, but is becoming untenable in light of Internet technology. When the Australian High Court had to decide whether a Victorian court could claim jurisdiction over a US publishing company based on allegedly defamatory material available online, it was faced with essentially the same dilemma as a French court was when it had to decide whether or not to claim criminal jurisdiction over a US web auctioneer-private international law and public international law face the same problems in the Internet context.

This article makes some observations as to the connections between public international law and private international law. In doing so, particular reference is made to the context of the Internet.

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This document has been peer reviewed.