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Vol 21 No 11 Nov/Dec 2016

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Private International Law and the Internet 3rd ed


ISBN13: 9789041159564
Previous Edition ISBN: 9789041134165
Published: March 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



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The third edition of Private International Law and the Internet presents a detailed and insightful account of what is emerging as the most crucial and current issue in private international law: the interplay of private international law and the Internet.

The author discusses how the controversial issues that stem from borderless Internet prove to be one of the greatest challenges for private international law and international legal cooperation as both are predicated on the existence of traditional borders that define jurisdictional boundaries.

This book goes on to explain the following 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?
The book identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed analysis of what is required of modern private international law rules.

This book focuses on 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 intellectual property issues.
A wide survey of private international law solutions encompasses insightful and timely 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 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 providing a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields.

This book ensures access to latest information and research ideas relating to private international law and the Internet – thereby providing a comprehensive and updated study of the complications being faced in this area.

Subjects:
Internet Law
Contents:
Foreword to Third Edition.
Foreword to Second Edition.
Foreword to First Edition.
List of Abbreviations.
Acknowledgements.
CHAPTER 1 Introduction.
CHAPTER 2 Approaching the Internet.
CHAPTER 3 Approaching Private International Law.
CHAPTER 4 Traditional Common Law: Australia, England and Hong Kong SAR.
CHAPTER 5 The United States of America.
CHAPTER 6 European Civil Law: Germany and Sweden.
CHAPTER 7 The People’s Republic of China.
CHAPTER 8 International Instruments.
CHAPTER 9 A Critique of Current Rules of Private International Law.
CHAPTER 10 Geo-identification: Impact, Risks and Possibilities.
CHAPTER 11 Proposed ‘Defamation Convention Model’.
CHAPTER 12 Proposed ‘Contracts Convention Model’.
CHAPTER 13 Concluding Remarks.
Appendix 1: Practical Checklist to Private International Law Issues for Drafters of Online Agreements.
Appendix 2: Practical Checklist to Private International Law Issues for Potential Litigants
Appendix 3: Practical Checklist to Private International Law Issues for Potential Defendants.
Selected Bibliography.
Table of Authorities.
Index.