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D. J. B. Svantesson: Sovereignty In International Law

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and cyberspace. Woods writes that, in order to control data within their borders to the exclusion of other states, “states can command considerable control over the internet if only because they control the physical components of the network within their borders” through “an impressive arsenal of tools.”25 as the basis for an Dan Svantesson rightly The Report makes several valuable recommendations. For example, it observes that Australia must work with its partners and allies to steer the direction of definitions and delineations in international law, including in relation to the centrally important concept of sovereignty.

In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction–for both private international law and public international law–based on sixteen years of research dedicated specifically to the topic. 54 (reworked for 2nd Ed. 2016, pp. 31-56); Svantesson, D., The holy trinity of legal fictions undermining the application of law to the global Internet, International Journal of Law and Information Technology 2015, pp. 219-234; Svantesson, D., Nostradamus Lite – Selected Speculations as to the Future of Internet Jurisdiction, Masaryk University Abstract In this fresh and original approach to what is perhaps the most crucial current issue in private international law, Dan Svantesson examines how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied?

Lenzerini, Federico - Sovereignty Revisited, International Law and ...

This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Over what can one have sovereignty; What are the consequences of having sovereignty over something; Who can violate sovereignty; What is the threshold for violating sovereignty; and What are the consequences of violating sovereignty? However, this article is not limited to a descriptive account of the law as it stands today. 2. The role that ‘extraterritoriality’ plays in data privacy law A key conundrum we are faced with can be expressed as follows: extra-territorial jurisdictional claims are reasonable because if states do not extend their data protection to the conduct of foreign parties, they fail to provide effective protection for their citizens’ rights. At the same time, wide extraterritorial

Computer Law & Security Review

Thus, to understand how international law may impact the type of cyber militia envisaged above, we need to take account both of relevant laws applying outside armed conflict and the international 2. The role that ‘extraterritoriality’ plays in data privacy law A key conundrum we are faced insightful account of what with can be expressed as follows: extra-territorial jurisdictional claims are reasonable because if states do not extend their data protection to the conduct of foreign parties, they fail to provide effective protection for their citizens’ rights. At the same time, wide extraterritorial

Bibliography Includes bibliographical references (pages 239-256) and index. Contents Introduction Potemkin’s laws International information sovereignty Private information sovereignty The legal culture of the horse A possible method for solving sovereignty clashes Cybersecurity for hedgehogs Law enforcement for hedgehogs Cross-border data transfers for hedgehogs [Vol. 46.2 Information Sovereignty is a theoretical and specialized work most suitable for collections supporting researchers focusing on jurisdiction in international law and on global information policy. The authors have articu-lated portions of their argument in articles published in scholarly law journals.

In accordance with the principles of international law, each state has the exclusive authority to enact laws on its territory. However, major step was taken digital transformation, in particular the dissemination of data, threatens the traditional foundations of sovereignty and

D. J. B. Svantesson: Private International Law and the Internet. Tereza Kyselovská D. J. B. Svantesson. Private International Law and the Internet. 2nd Edition. The Netherlands: Kluwer Law Inter-national BV, 2012. 557 str. ISBN 978-90-411-3416-5. Dana Svantessona není jistě nutné čtenářům Revue dlouze představovat. Eighty years ago, in 1935, a major step was taken in international law; the Harvard Research Draft Conven-tion on Jurisdiction with Respect to Crime (“Harvard Draft”) was published in the American Journal of International Law.1 The influence of the Harvard Draft has been nothing but phenomenal and must surely have exceeded the drafters’ wildest ambitions. Indeed, it is fair to Abstract Private International Law and the Internet, in its fourth edition, furnishes an exhaustive and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts?

Information Sovereignty: Data Privacy, Sovereign Powers and the Rule of Law

Our Centre The Centre for Space, Cyberspace & Data Law (CSCDL) brings together researchers and experts in all aspects of space law, cyberspace law, and data law. The Centre engages in research in all these areas, as well as in research aimed at creating a better understanding of, and a better direction for, the relationship between space, cyberspace, and data. The Centre

Unresolved jurisdictional issues in law enforcement access to data Svantesson, D. J. B. & Osula, A-M., Jan 2025, The Cambridge Handbook of Digital Evidence in Criminal Investigations. Franssen, V. & Tosza, S. (eds.). Cambridge University Press, p. 43-67 24 p. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of Legal language often contains vague, general wording that actually means very little unless read in a specific context. But legal language also includes clear absolute statements from which no variation seems possible. This is the case when one examines data privacy law. Where used appropriately, the first type—the vague, general wording—is commonly found as expressions

Product Information This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational

(PDF) A New Jurisprudential Framework for Jurisdiction: Beyond the ...

This article aims to highlight that the conventional focus on distinguishing between territorial jurisdiction and extraterritorial jurisdiction is misguided. It also analyses the latest legal developments as to Article 4—which deals with the territorial scope—of the European Data Protection Directive as well as the latest version of its counterpart (Article 3) in the Chapter 3 provides an overview of relevant public, and private, international law with an emphasis on examining how various key concepts work in practice. Particular attention is given to the concepts of territoriality, extraterritorial jurisdiction, sovereignty, the duty of non-intervention, comity and due diligence. The chapter also discusses ‘consent’ as the basis of

Private international law and the Internet

This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals There are now more than 100 countries with data privacy laws. Having introduced and discussed key concepts such as data privacy, jurisdiction, forum shopping, Sovereignty and extraterritoriality, Professor Svantesson examines the extraterritoriality of current and proposed EU data privacy law, and the data privacy laws of Australia, Japan, Singapore and the Philippines. He then Law enforcement access to evidence via direct contact with cloud providers – identifying the contours of a solution Dan Jerker B. Svantesson a,b,*, Lodewijk van Zwieten c

Eighty years ago, in 1935, a major step was taken in international law; the Harvard Research Draft Convention on Jurisdiction with Respect to Crime (“Harvard Draft”) was published in the

This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law.

In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction–for both private international law and public international law–based on sixteen years François Delerue, ‘Covid-19 and the Cyber Pandemic: A Plea for International Law and the Rule of Sovereignty in Cyberspace’ in T. Jančárková, L. Lindström, G. Visky, P. Zotz (Eds.), 13th International Conference on Cyber Conflict: Going Viral, 12 (NATO CCDCOE 2021) (noting that the pandemic has been particularly marked “by an important increase in the number of threats

PDF | On Jan 16, 2024, Michal Czerniawski and others published Challenges to the extraterritorial enforcement of data privacy law – EU case study | Find, read and cite all the research you need on

Jurisdictional Issues in the Digital Age

Svantesson, Dan Jerker B. / „Scope of Jurisdiction” – A Key Battleground for Private International Law Applied to the Internet. Yearbook of Private International Law Vol XXII – 2020/2021. editor / concepts of territoriality Andrea Bonomi ; Gian Paolo Romano ; Ilaria Pretelli. Sovereignty in international law – How the internet (Maybe) changed everything, but not for long January 2014 Authors: Dan Jerker B. Svantesson

Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, About the Author Radim Polcak, Institute of Law and Technology, Faculty of Law, Masaryk University, Czech Republic and Dan Jerker B. Svantesson, Centre for Commercial Law, Faculty of Law, Bond University, Australia