Svantesson, Dan Jerker

Private International Law and the Internet

In this fresh and original approach to what is perhaps the most crucial current issue in private international law, Dan Svantesson examines 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 judgement rendered in one country be recognised in another? He identifies eleven characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed investigation of whether and to what extent these characteristics (or their closest analogues) have already been dealt with in legal issues arising from other forms of communication. Dr Svantesson's approach focuses on several issues that have far-reaching consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; and cross-border consumer contracts. 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 international instruments.