Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-18T16:53:44.188Z Has data issue: false hasContentIssue false

10 - Conflicts of Law and the Challenge of Transnational Data Flows

from Part II - Transnational Law as Regulatory Governance

Published online by Cambridge University Press:  18 March 2020

Peer Zumbansen
Affiliation:
King's College London
Get access

Summary

Philip Jessup correctly observed sixty years ago that multinational corporate activity created new challenges for nation-states and their territorially based rules for jurisdiction, choice of law, and judgment recognitions. Those challenges are exponentially more difficult in the 21st century because electronic data—everything from e-mails and text messages to Facebook and Instagram posts to Twitter pronouncements to drone warfare data to search algorithms to financial transactions to cloud data storage—travel around the globe with little relationship to physical territory. In addition, all of this data is often in the custody and control of data intermediaries. Three important consequences flow from this ubiquitous technology-enabled, data-driven global societal activity. First, the territorial location of data becomes increasingly arbitrary and substantively unimportant. Second, territorially based courts (or law enforcement authorities generally) will often be unable to easily enforce their decisions because those decisions require cooperation from relevant actors in far-flung communities. Third, governmental and judicial authorities are increasingly turning to multinational corporate data intermediaries to carry out and enforce their orders because only those companies have sufficient global reach to make legal rulings effective.

Type
Chapter
Information
The Many Lives of Transnational Law
Critical Engagements with Jessup's Bold Proposal
, pp. 240 - 268
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×