Conflict of Laws

Cross-Border Infringement of Personality Rights via the Internet: A Resolution of the Institute of International Law

By Symeon C. Symeonides
Brill Nijhoff January 2021

Specifications

ISBN-13
9789004437630
Publisher
Brill Nijhoff
Publication
January 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Conflicts of laws arising from injuries to rights of personality-such as defamation or invasion of privacy-have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts.

This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

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