Conflict of laws and the internet
Conflict of laws and the internet
This chapter documents the extreme stresses that cyberspace applies to state law by examining how private international law, or conflict of laws, has responded to the online global world. This highlights both the penetration of globalization into the ‘private’ sphere and the strongly ‘public’ or collective political nature of much of the ‘private’ ordering through national law. The chapter shows that the nation state is asserting itself against the very phenomenon—globalization (through cyberspace)—that threatens its existence, and does not shy away from accepting the fragmentation of this global cyberspace along traditional political boundaries as collateral damage to its own survival. Yet, the frequent appeal to international human rights normativity in recent conflicts jurisprudence suggests an awareness of the unsuitability and illegitimacy of nation state law for the global online world.
private international law , conflict of laws, human rights , convergence, targeting approach , Globalization
269-296
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
20 July 2017
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
Kohl, Uta
(2017)
Conflict of laws and the internet.
In,
Brownsword, Roger, Scotford, Eloise and Yeung, Karen
(eds.)
The Oxford Handbook of Law, Regulation and Technology.
Oxford.
Oxford University Press, .
(doi:10.1093/oxfordhb/9780199680832.013.10).
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Abstract
This chapter documents the extreme stresses that cyberspace applies to state law by examining how private international law, or conflict of laws, has responded to the online global world. This highlights both the penetration of globalization into the ‘private’ sphere and the strongly ‘public’ or collective political nature of much of the ‘private’ ordering through national law. The chapter shows that the nation state is asserting itself against the very phenomenon—globalization (through cyberspace)—that threatens its existence, and does not shy away from accepting the fragmentation of this global cyberspace along traditional political boundaries as collateral damage to its own survival. Yet, the frequent appeal to international human rights normativity in recent conflicts jurisprudence suggests an awareness of the unsuitability and illegitimacy of nation state law for the global online world.
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e-pub ahead of print date: 1 February 2017
Published date: 20 July 2017
Keywords:
private international law , conflict of laws, human rights , convergence, targeting approach , Globalization
Identifiers
Local EPrints ID: 425098
URI: http://eprints.soton.ac.uk/id/eprint/425098
PURE UUID: 3a3c7749-f69a-4ee1-b258-87a404a0cca0
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Date deposited: 10 Oct 2018 16:30
Last modified: 13 Sep 2024 01:58
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Contributors
Editor:
Roger Brownsword
Editor:
Eloise Scotford
Editor:
Karen Yeung
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