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Private International Law Online: Internet Regulation and Civil Liability in the EU [Kõva köide]

(Research Fellow, Institute for Private International and Comparative Law at the University of Cologne)
  • Formaat: Hardback, 260 pages, kõrgus x laius x paksus: 249x177x21 mm, kaal: 626 g
  • Sari: Oxford Private International Law Series
  • Ilmumisaeg: 02-Jul-2020
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198865260
  • ISBN-13: 9780198865261
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  • Formaat: Hardback, 260 pages, kõrgus x laius x paksus: 249x177x21 mm, kaal: 626 g
  • Sari: Oxford Private International Law Series
  • Ilmumisaeg: 02-Jul-2020
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198865260
  • ISBN-13: 9780198865261
Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online. It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders.

Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The book addresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to online platforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union.

Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.

Arvustused

A book worth reading, based on a dissertation. Its scope is wide, the collection of sources is highly international...and the editing in Oxford has been done well and should greatly help the adoption of the work in the English-speaking world and on the continent. A welcome contribution to the regulation of harmful attacks on private rights from the internet. * Gerhard Hohloch, Rabel's journal for foreign and international private law * The book thus proposes a restoration of private international law in the area of the law of obligations that are specific to online activities, and more precisely, of the civil liability that the latter entail. ... The specific point of equilibrium found by the author may be debatable but the proposition of Mr. Lutzi strives to be balanced, reasonable, and comprehensive, in line with the best tradition of the discipline. [ Translated] * Etienne Farnoux, Revue critique de droit international privé * The thoughtful and highly analytical Oxford dissertation [ ...] critically discusses the relevant jurisprudence of the CJEU and comprehensively analyses the relevant norms on international jurisdiction and the conflict of laws in tort and contract. [ Translated] * IPRax * Dr Lutzi has risen to the challenge impressively. His book is clear, cogent, closely argued and rigorously worked through. His willingness to test his arguments and proposals by acknowledging and addressing the strongest counter-arguments is especially striking ... [ A]t a time when there is a noticeable tendency for nation States to assert the superiority of their national laws and abandon jurisdictional self-restraint, Dr Lutzi's book is an excellent contribution that deserves to ignite greater interest in the online role of PIL. * Graham Smith, Bird & Bird LLP, ICC Dispute Resolution Bulletin * A better understanding and application of private international law can decisively contribute to remedy certain deficiencies in the enforcement of national legal orders and EU law to cross-border online activities. In this context, the valuable contribution that this well-researched book by Tobias Lutzi represents can hardly be overestimated ... In a nutshell, the book provides an excellent analysis of the regulatory potential of private international law to address the challenges posed by cross-border online activities. It also proposes a specific model to reduce fragmentation of jurisdiction and applicable law that should be taken into consideration in future discussions on the evolution of EU private international law. * Pedro De Miguel Asensio, Complutense University of Madrid, EU Law Live * Overall, Tobias Lutzi's book successfully combines complex theoretical analysis with concrete propositions in a multifaceted and developing area of the law. It exemplifies the contribution of private international law in addressing the challenges arising in information services: in doing so, it illustrates how policies and political aims may be promoted via private international law. As such, his book is an essential and highly recommended reading for academics, regulators, and practitioners. * Cristina Mariottini, conflictoflaws.net *

Table of Cases
xvii
Table of Legislation
xxv
Table of Other Primary Sources
xxxi
List of Abbreviations
xxxv
I Introduction
A Private International Law, Globalization, and the Internet
9(5)
B The Title of this Book
14(7)
C Overview
21
II Enforcing Private Law on the Internet
A A Short History of Internet Regulation
4(26)
1 The Economic and Societal Importance of the Internet
5(3)
2 The Challenge of Regulating the Internet
8(22)
B The Two Fundamental Challenges
30(32)
1 Independence from State Borders
33(8)
2 Private Ordering
41(21)
C Affected Areas of Private Law
62(2)
1 Protecting Reputation and Privacy
64(4)
2 Protecting IP Rights
68(5)
3 Ensuring Fair Competition
73(3)
4 Regulating Agreements
76(5)
5 Protecting Structurally Weaker Contract Parties
81
III Private International Law as a Tool for Regulation
A The Regulatory Potential of Private International Law
2(54)
1 Savigny and the Apolitical Paradigm of the Closest Connection
6(11)
2 Challenges to the Savignyan Paradigm of Neutrality
17(30)
3 Reviving the Regulatory Dimension of Private International Law
47(9)
B Using the Regulatory Potential
56(1)
1 Coordinating National Courts and Substantive Legislation
57(6)
2 Accommodating Private Ordering
63
IV Liability for Internet Activities in EU Private International Law
A The Current Framework of Jurisdiction and Choice of Law for Internet Activities in the European Union
5(61)
1 Protecting Reputation and Privacy
6(14)
2 Protecting IP Rights
20(17)
3 Ensuring Fair Competition
37(9)
4 Regulating Agreements
46(13)
5 Protecting Structurally Weaker Contract Parties
59(7)
B Shortcomings of the Current Framework
66(35)
1 Unsatisfying Solution to Problems
71(22)
2 Underlying Reasons
93(8)
C Comparison with the United States
101(23)
1 International Jurisdiction
106(7)
2 Applicable Law
113(4)
3 Recognition and Enforcement of Foreign Judgments
117(7)
D Conclusion
124
V Proposal for an Alternative Approach
A Preliminary Considerations
3(70)
1 Substantive Approach or Neutral Rules?
4(32)
2 The Need for Concentration
36(20)
3 Focusing on the Parties
56(17)
B A Country-of-Origin Rule for Civil Liability for Online Activities
73(43)
1 Jurisdiction
75(14)
2 Applicable Law
89(6)
3 Implementation
95(9)
4 The Main Counter-Arguments
104(12)
C Accommodating Private Ordering
116(38)
1 The Host-User Relationship: A Clearer Legal Framework for the Platform Contract
118(8)
2 User-User Relationships: Shifting the Focus Towards the Parties' Environment
126(24)
3 Further Extension to Other Relationships?
150(4)
D Complete Proposal
154(1)
E Application to Exemplary Private-Law Problems
155(1)
1 Protecting Reputation and Privacy
156(7)
2 Protecting IP Rights
163(13)
3 Ensuring Fair Competition
176(5)
4 Regulating Agreements
181(2)
5 Protecting Structurally Weaker Contract Parties
183
VI The Internet and Beyond
A The Core Argument of this Book
4(11)
B Beyond the Internet?
15(190)
Bibliography 205(16)
Index 221
Tobias Lutzi is a Research Fellow at the Institute for Private International and Comparative Law at the University of Cologne. In December 2019 he won the 2019 ICC Institute Prize for his thesis, titled "Regulating the Internet through Private International Law".