Conflict of Laws Others New Conflict of Laws Books: Essential for Legal Professionals in Hong Kong and Beyond

Private International Law and the Internet, 4th Edition

By Jerker Dan B. Svantesson
Kluwer Law International August 2021

Specifications

ISBN-13
9789403511351
Publisher
Kluwer Law International
Publication
August 2021
Format
Hardback , 584 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Private International Law and the Internet, in its fourth edition, furnishes an exhaustive and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five 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? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another?

Professor Dan Svantesson identifies and investigates twelve characteristics of Internet communication relevant to these questions and then proceeds with an in-depth discussion of what is required of modern private international law rules.

What’s in this book:
The focus is 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 comprehensive survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in various jurisdictions, including Australia, England, Hong Kong SAR, 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 technologies and their exceptional 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 checklists to guide legal practitioners faced with cross-border matters within the discussed fields.

How this will help you:
This book collates a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. The author’s thoughtful analysis of the interplay of the developing Internet and private international law will also prove to be invaluable, as will the tools he offers to anticipate the future. Private International Law and the Internet provides an extraordinary stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Table of Contents

  • 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: Technology to the Rescue?
  • Chapter 11 Proposed ‘Defamation Convention Model’
  • Chapter 12 Proposed ‘Contracts Convention Model’
  • Chapter 13 Concluding Remarks
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