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Preface

Published online by Cambridge University Press:  03 May 2011

Faye Fangfei Wang
Affiliation:
Bournemouth University
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Summary

Information technology generates cross-border electronic commercial transactions as geographical distance no longer remains an obstacle in communications among businesses and individuals in different countries. As a consequence, the place of business could be located in cyberspace. The concept of “the place of business” in cyberspace challenges the traditional regime of private international law, as traditionally it relies on physical factors such as the location of offices and the place of delivery of goods in determining which court will hear the case and which law will govern the dispute.

Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China takes a “solutions to obstacles” approach, examines the existing jurisdiction and choice of law rules and proposes the interpretation of those rules to the digital age. It discusses the need for the modernisation and harmonisation of private international law, compares current legislative frameworks in the EU, US and China, and suggests a series of ways to remove the obstacles to the determination of Internet jurisdiction and choice of law for cross-border electronic B2B and B2C contracts. In addition, it encourages countries to sign and ratify the Hague Convention on Choice of Court Agreements and to modernise their laws for adaptation to the information society in line with the international standard. Finally, it also recommends that online dispute resolution (ODR) should be one of the most efficient methods to resolve certain Internet-related cases and that its legal certainty should be enhanced at the international level.

Type
Chapter
Information
Internet Jurisdiction and Choice of Law
Legal Practices in the EU, US and China
, pp. ix
Publisher: Cambridge University Press
Print publication year: 2010

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  • Preface
  • Faye Fangfei Wang, Bournemouth University
  • Book: Internet Jurisdiction and Choice of Law
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762826.001
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  • Preface
  • Faye Fangfei Wang, Bournemouth University
  • Book: Internet Jurisdiction and Choice of Law
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762826.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Faye Fangfei Wang, Bournemouth University
  • Book: Internet Jurisdiction and Choice of Law
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511762826.001
Available formats
×