Re-allocating horizontal and vertical regulatory powers in the electronic marketplace: what to do with private international law
Re-allocating horizontal and vertical regulatory powers in the electronic marketplace: what to do with private international law
This chapter seeks to critically assess the rationale underlying the conflicts methodology used in the Directive on electronic commerce. It thus proceeds in two parts. It begins by analysing the shortcomings of the country of origin principle both from the perspective of the state regulatory margin and from the perspective of EC law enforcement. It then addresses the potentialities of Private International Law (PIL) as a regulatory instrument of its own, at the regional level as well as at the international level. Although PIL cannot solve the problem of the ‘regulability’ of cyberspace, one still needs a conflicts methodology, which is expressly admitted by the drafters of the ECD. The question is which conflicts methodology is more appropriate to reach the regulatory goal at which we aim. In any case, by acknowledging the ‘public’ dimension of PIL, it is possible to foster economic and social integration
9781847201997
290-342
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
2009
Stalla-Bourdillon, Sophie
c189651b-9ed3-49f6-bf37-25a47c487164
Stalla-Bourdillon, Sophie
(2009)
Re-allocating horizontal and vertical regulatory powers in the electronic marketplace: what to do with private international law.
In,
Cafaggi, Fabrizio and Muir-Watt, Horatia
(eds.)
The Regulatory Function of European Private Law.
Cheltenham, GB.
Edward Elgar Publishing, .
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Abstract
This chapter seeks to critically assess the rationale underlying the conflicts methodology used in the Directive on electronic commerce. It thus proceeds in two parts. It begins by analysing the shortcomings of the country of origin principle both from the perspective of the state regulatory margin and from the perspective of EC law enforcement. It then addresses the potentialities of Private International Law (PIL) as a regulatory instrument of its own, at the regional level as well as at the international level. Although PIL cannot solve the problem of the ‘regulability’ of cyberspace, one still needs a conflicts methodology, which is expressly admitted by the drafters of the ECD. The question is which conflicts methodology is more appropriate to reach the regulatory goal at which we aim. In any case, by acknowledging the ‘public’ dimension of PIL, it is possible to foster economic and social integration
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Published date: 2009
Organisations:
Law
Identifiers
Local EPrints ID: 181623
URI: http://eprints.soton.ac.uk/id/eprint/181623
ISBN: 9781847201997
PURE UUID: 83d27a4a-94e2-4ffa-8adc-4ae357ca495a
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Date deposited: 19 Apr 2011 14:33
Last modified: 15 Mar 2024 03:37
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Contributors
Editor:
Fabrizio Cafaggi
Editor:
Horatia Muir-Watt
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