Papers

Jurisdiction and the Internet – International Jurisdiction of State Courts and Internet Litigation

23 de February de 2018

Jurisdiction and the Internet – International Jurisdiction of State Courts and Internet Litigation

Jurisdiction is a concept that relates to the power of every State to regulate and affect people, goods and facts under its influence being a corollary of the international principles of sovereignty, equality and non-interference in internal affairs. In this sense, jurisdiction derives from the international principles of sovereignty, equality and non-interference in internal affairs. Jurisdiction is a core aspect of State sovereignty, because it allows State authorities to create, modify or terminate legal relations and obligations among persons subjected to that State.
The context of internet brings an important question: Is it possible to conciliate classic features of State jurisdiction with the peculiarities of digital space?
This paper aims to analyse the international jurisdiction rules used by national courts when they are dealing with internet litigation. For this purpose will be presented an extensive inventory of domestic and international cases. Which will allow the reader to note what are the main practices and trends of foreign and international jurisprudence. In addition, the article will also describe the impacts that globalization has had on the principles governing the jurisdiction of the domestic courts, as well as the challenges these impacts have brought or intensified in the context of internet conflicts such as forum shopping, jurisdictional paradises and the market for judgments.

Click here to check out the results of this research.

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