Private International Law and the Internet, 2nd edition
Date of this Version
The second edition of Private International Law and the Internet takes a fresh and original approach to what is perhaps the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another?
This text identifies and investigates eleven characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules.
Focus is given to several issues that have far-reaching practical consequences in the Internet context, including the following:
- cross-border defamation;
- cross-border business contracts;
- cross-border consumer contracts; and
- cross-border trademark issues.
A wide survey of private international law solutions encompasses insightful analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields.