Dan Jerker B. Svantesson, Private International Law and the Internet, Third Edition, Wolters Kluwer, 2016
The third edition of Private International Law and the Internetpresents 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.
What’s in this book
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.
How this will help you
Private International Law and the Internet brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular use to practitioners and academics working in this new and rapidly changing field. This book also serves as an aid to further research, legal advice, judgment and policy decision making. The thoughtful analysis of the interplay between a developing Internet and private international law provides added value, as will the tools the author offers, which enable practitioners to anticipate the future possible direction of growth of this field. The book serves as a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Foreword to Third Edition.
Foreword to Second Edition.
Foreword to First Edition.
List of Abbreviations.
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.
Table of Authorities.