Conflict of Laws and the Internet

Hardback

Conflict of Laws and the Internet

Second Edition

2nd edition

9781035315123 Edward Elgar Publishing
Pedro De Miguel Asensio, Professor, Complutense University of Madrid, Spain
Publication Date: May 2024 ISBN: 978 1 03531 512 3 Extent: 562 pp
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

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Critical Acclaim
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In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Key Features:
• Updated coverage of EU Law and recent case law
• Accessible guidance on how to combat illegal content
• Scrupulous analysis of complex conflict of laws issues that arise with Internet activities
• New sections providing extensive explanations of the Digital Services Act and the Digital Markets Act
• New material on other instruments in the fields of AI, crypto-markets, audiovisual media services, intermediary services, product safety and terrorist content online
• Overview of key topics including information society services, digital services, data protection, defamation, copyright, trademarks, unfair competition and online contracts

Written by award-winning author Pedro De Miguel Asensio, Conflict of Laws and the Internet continues to be an essential guide for practitioners and policy-makers with applications for IT law experts and companies active in e-commerce. The book’s strong doctrinal base for an area of ever-increasing importance will also be valuable for academics working in the fields of IT law and private international law.
Critical Acclaim
‘This book takes a notoriously diffuse topic and condenses it into a manageable and very readable text. It does so not by ignoring the complexity of conflict of laws or by avoiding the variety of laws at play in internet-based disputes. Instead, it offers readers coherent guidance by linking comprehensive analysis of doctrine with a solid theoretical foundation.’
– Graeme B. Dinwoodie, Chicago-Kent College of Law, US

‘This valuable book explores and explains the Internet from a private international law and international litigation perspective. It addresses the legal foundations, digital services, data and privacy protection, IP rights and transactions and services related to data transfers. This book takes up the latest development in the field and provides invaluable guidance for the upcoming years. Pedro de Miguel Asensio addresses all aspects of cross-border data flows. I heartily recommend this valuable treatise.’
– Burkhard Hess, University of Vienna, Austria

Acclaim for the first edition:

‘...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.
– 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 Laws 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''.
– Aurelio Lopez-Tarruella, EU Law Live

‘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

‘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
Contents
Contents:
1 Foundations
2 Digital services, internal market and content liability
3 Data protection and personality rights including defamation
4 Copyright and related rights
5 Industrial property and competition law
6 Contracts and transactions
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