Conflict of Laws and the Internet

Hardback

Conflict of Laws and the Internet

9781788110815 Edward Elgar Publishing
Pedro De Miguel Asensio, Professor, Complutense University of Madrid, Spain
Publication Date: 2020 ISBN: 978 1 78811 081 5 Extent: 576 pp
The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.

Citations by courts:
CJEU, Opinion of the Advocate-General in Case C-800/19, Mittelbayerischer Verlag
CJEU, Opinion of the Advocate-General in Case C-421/20, Acacia
CJEU, Opinion of the Advocate-General in Case C-10/22, LEA

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Critical Acclaim
Contents
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The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This insightful book provides a detailed practical analysis of jurisdiction, choice of law and recognition and enforcement of judgments, examining online activities in areas where private legal relationships are most affected by the Internet. Offering rigorous and systematic coverage of EU Law in this dynamic field, consideration is given to information society services, data protection, defamation, copyright, trademarks, unfair competition and online contracts.

Key features include:
• comprehensive analysis of the complex conflict of laws issues that arise in connection with Internet activities

• discussion on the jurisdiction of national courts and the determination of applicable law

• a European perspective on the relationship between Internet Law and Private International Law (PIL)

• consideration of the cross-border effects of judgments in all major fields of PIL affected by the Internet.

Written by award-winning author Pedro De Miguel Asensio, Conflict of Laws and the Internet will be a vital resource for practitioners and policy-makers alike with applications for IT law experts and companies active in e-commerce. Providing a strong doctrinal base for an area of ever increasing importance and attention, this book will also be a valuable reference for academics working in the fields of IT law and PIL.
Critical Acclaim
‘This book exudes the best of (continental) European tradition. Evidently, de Miguel Asensio is aspiring at comprehensiveness. Given the multi-faceted nature of the general topic, this is a Heraklean task. It requires a delicate balance between structure and detail, between breadth and depth. Can there be a better praise than to conclude that this aim has been fully accomplished in this magisterial book?’
– Peter Mankowski, Zeitschrift für das Privatrecht der Europäischen Union

‘Pedro De Miguel Asensio took on the ambitious task of writing a comprehensive book on the Conflict of Laws and the Internet which touches upon all fields of IP and related areas of law, including data protection and, of course, contracts. The result is astonishing and every scholar interested in this field will find this a worthwhile read.
The issues explored in the book are vital for the future design of the ''World Wide Web'' and thus need to reach a wide audience – to whom this excellent book is highly recommended.’
– Moritz Sutterer, GRUR International: Journal of European and International IP Law

‘This is an indispensable book for practitioners and scholars in this area of European Union Law. . . Conflict of Law and the Internet will not only allow the reader to obtain a clear understanding of private international law issues of digital business, but also to understand how this field of law is mutating to fulfil its traditional aims: substantive regulations are increasing in relevance vis-a-vis traditional conflict of laws rules as the mechanism to ensure legal certainty in the Digital Single Market.
– Aurelio Lopez-Tarruella, EU Law Live

‘This book is an excellent read for anyone interested in the private international law issues implicated by online activities, both those concerning intellectual property rights and other legal regulations. It provides a rigorous analysis of conflicts of law issues concerning the internet, with particular attention to EU law.’
– Thomas Key, The IPKat

‘The most recent book by Professor De Miguel Asensio is a beautifully crafted work. Fundamental issues of private international law and various issues of the information society, which include GDPR as well as intellectual properties, are well integrated in this work. This is a must-read book to study private international law in the 21st century.’
– Toshiyuki Kono, Kyushu University, Japan

‘The go-to conflict of laws book for all things internet related, from data protection and personality rights, to contracts, copyright, unfair competition, etc. Truly a book for the digital age.’
– Franco Ferrari, New York University, School of Law, US
Contents
Contents: 1. Foundations 2. Information society services, internal market and illegal content 3. Data protection and personality rights including defamation 4. Copyright and related rights 5. Unfair competition, trademarks and other industrial property rights 6. Contracts Index
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