Books Developments in PIL Scholarship

Svantesson on Private International Law and the Internet

The forth edition of Prof. Dan Jerker B. Svantesson’s book on Private International Law and the Internet is being published with Wolters Kluwer.

The book 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.

The analysis focuses 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.

The 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.

More information about the book is available here.

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