Carving up the Internet
Jurisdiction, Legal Orders, and the Private/Public International Law Interface
Bibliographic Data
| ID | 12198631 |
|---|---|
| Authors | Thomas Schultz (0000-0003-3731-2692, Swiss National Science Foundation, corresponding author) |
| Year | 2008 |
| Volume | 19 |
| Issue | 4 |
| Pages | 799-839 |
| Publication date | 2008-09-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chn040 |
| OpenAlex | W2155488113 |
| Language | EN |
| Citations received | 6 |
The Internet is caught between old forces of local territorialism and new forces characteristic of global economies. As a result, this article maintains that it may end up being carved or fragmented into discrete legal spheres. This development contradicts with the hitherto traditional vision of the Internet as a paradigmatic example of a borderless world of global transnationalism. This fragmentation is taking two forms: one vertical which reflects concerns of public policy and the protection of local values, the other horizontal which is driven by the rationale of commercial efficiency. The former (vertical), if not understood and handled properly, may lead to an informational impoverishment of the Internet. One response to this risk resides in new configurations of the appropriate jurisdictional bases for assertions of state power. I argue in favour of a double standard of jurisdiction for the regulation of Internet content: one, based on the principle of targeting, used to sanction behaviour, the other, an incarnation of the effects doctrine, used to prevent actions and fulfil the cathartic function of law. The latter (horizontal) form of fragmentation should lead us to rethink certain aspects of the concept of law, in particular with regard to legal pluralism, and to discover new places where law is to be found
Choice of Law · Cyberspace · Doctrine · Incarnation · Jurisdiction · Law and economics · Political science · Sociology · The Internet · Computer Science · Conflict of Laws and Jurisdiction · Cybersecurity and Cyber Warfare Studies · Dispute Resolution and Class Actions · Law
| Citations per year | 0.67 |
|---|---|
| Citation span | 2017 - 2026 (10) |
| Highly cited | No |