In this, the second edition of Private International Law and the Internet
, Dan Svantesson takes a fresh and original approach to what is perhaps the
most crucial current issue in private international law; that is, how the
Internet affects and is affected by the 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
He identifies and investigates eleven characteristics of Internet
communication that are relevant to these questions, and then proceeds with a
detailed discussion of what is required of modern private international law
Dr Svantesson’s approach focuses on several issues that have far-reaching
practical consequences in the Internet context, including the following:
cross-border business contracts;
cross-border consumer contracts; and
cross-border trademark issues.
A wide survey of private international law solutions encompasses insightful
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 a range of 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 a set of
practical check-lists to guide legal practitioners faced with cross-border
matters within the discussed fields.
Dr Svantesson's book brings together 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 new and rapidly
changing field. His thoughtful analysis of the interplay of the developing
Internet and private international law will also be of great value, as will
the tools he offers with which to anticipate the future. Private International
Law and the Internet provides 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.
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: Time to Take Technology Seriously.
Chapter 11 Proposed ‘Defamation Convention Model’.
Chapter 12 Proposed ‘Contracts Convention Model’.
Chapter 13 Concluding Remarks.
Table of Authorities.