Public International Computer Network Law Issues - Softcover

Spang-Hanssen, Henrik

Softcover

ISBN 10: 8757414866 ISBN 13: 9788757414868

Verlag: DJOFPublishing, 2006

Inhaltsangabe

Book by SpangHanssen Henrik

Über diesen Titel

Críticas

Again Spang-Hanssen has written on Public International Law in the Computer Age. To a certain extent is this book part II of his previous book: " Cyberspace & International Law on Jurisdiction" He is an extremely able communicator and probably the one scholar in this subject. His six steppingstones and his formulations of "pure online" and "global jurisdiction" are vital for any scholar, court and cybernaut in the world in any discussion about cyberspace. Jiri Toman, professor of law Spang-Hanssen has again written on Public International Law in the Computer Age. He is one of very few legal scholars in the world to have gone so deeply into this subject. Few scholars in public international law deal with Cyberspace probably because it requires knowledge of how the computer networks technically works. Most of printed articles and books cover issues of national or private international law, which only survives if it is valid under public international law. This book in overall deals with this primary requirement and tries to outline when national legislation will be in violation with public international law. Bertram Ramcharan, Professor in Public International Law. For many years working in the United Nations. 2003-2004 UN High Commissioner for Human Rights

Reseña del editor

This book uses two essential terms, which are vital for any discussion about the worldwide public international computer networks (the Internet). One is 'Pure Online' incidents, which is characterized by no physical shipment or tangible things are involved, and at least one user is an alien, that is, a non-resident or a non-national. Thus, the pre-condition is 'pure online' cases with an alien as a defendant with only bit-transmission as link or connection to the forum State. This term had been used in the author's previous publications. This book introduces a new term 'Global Jurisdiction' which is characterized by a State's jurisdictional rules taken on its 'wording' reaches all alien cybernauts, thus making a Worldwide jurisdiction involving aliens whom can be anywhere in the world (outside the forum state). This term has to be distinguished from Universal Jurisdiction. Both of these terms have come up only because of the invention of public international computer networks where acts or incidents suddenly appears to be everywhere and at the same time for anyone. Thus, from the perspective of any court or any State these could argue being a proper court or jurisdiction. However, Global jurisdiction is prohibited by public international law, which requires closeness (a close link) and reasonableness between the jurisdiction and the alien in question. Furthermore, under public international law any jurisdiction has to respect the sovereignty of other States and their right to self-determination of rules for and over its citizen. So far public international law can be said to have been a 'grenz law', but Cyberspace does not 'respect' geographic drawn borders. Thus, when dealing with Cyberspace one should turn the view upside down and begin with the view - not from the perspective of a State and its borders - but from the fact that Cyberspace is global reaching and that there has to be made some division of this 'global space'. On the other hand, this does not require a special jurisdiction for Cyberspace.

Über diese Auflage

• Verlag: DJOFPublishing
• Erscheinungsdatum: 2006
• ISBN 10: 8757414866
• ISBN 13: 9788757414868
• Einband: Tapa blanda
• Anzahl der Seiten: 520