- Research Handbooks in International Law series
Edited by Nicholas Tsagourias and Russell Buchan
Chapter 2: Jurisdiction in cyberspace
AbstractOn a formal level, the rules of jurisdiction under customary international law deal with the question of which State (vis-à-vis other States) has the right to regulate which transnational event, that is, to make, apply and enforce their laws. This issue has become hotly disputed in the online environment which affects a wide of spectrum of laws – from defamation, privacy, contract and intellectual property law to criminal and regulatory law on e.g. obscenity, pharmaceutical licencing and gambling laws – and appears to defy the traditional location-centric allocation of regulatory control. The reason for this high level of contentiousness is that, on a substantive level, jurisdictional rules go to the heart of statehood and sovereignty by providing each State with the legal authority to protect the ‘rule of law’ within their territorial boundaries. Against this background, it is perhaps to be expected that the internet’s transnationality has been ‘resolved’ rather aggressively in favour of preserving each State’s territorial dominion at the expense of the coherence of the overall allocation framework. Yet, what are the costs of squeezing transnational online communications into the national law straitjacket, for the future of the internet and for freedom of transnational expression; and what, if any, are the alternatives?
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.