A Just World Under Public International Law in Cyberspace: Jurisdiction

Annual Survey of International and Comparative Law, Vol. 13, Spring 2007

22 Pages Posted: 12 Feb 2008  

Henrik Stakemann Spang-Hanssen

Independent; University of Vienna School of Law - Department of Commercial and Business Law

Abstract

In this article, I first state my six steppingstones that I use when dealing with what I have termed pure online (see below First Base) incidents on public international computer networks, where public international law is determining. As for the later, I use the 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.

Thereafter, I briefly mention the aim of jurisdiction rules, the big problem with the Internet in relation to jurisdiction and when a state under public international law is allowed to legislate (prescribe and adjudicate) and enforce.

Next, I use online newspapers as a pure online example and give some perspectives and mention how different states have tried to exercise global jurisdiction over foreign online newspapers.

Finally, I make some short remarks on how to achieve A Just World under Public International Law for Newspapers in Cyberspace.

Keywords: Cyberspace, Internet, International Computer Network, Computer Network, Public International Law

JEL Classification: K33, K39

Suggested Citation

Spang-Hanssen, Henrik Stakemann, A Just World Under Public International Law in Cyberspace: Jurisdiction. Annual Survey of International and Comparative Law, Vol. 13, Spring 2007. Available at SSRN: https://ssrn.com/abstract=1092389

Henrik Stakemann Spang-Hanssen (Contact Author)

Independent ( email )

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net/

University of Vienna School of Law - Department of Commercial and Business Law

Schottenbastei 10-16
A-1010 Vienna
Austria
+1 (408) 348-8431 (Phone)

HOME PAGE: http://www.hssph.net

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