The Law of the Internet between Globalisation and Localisation

M. Maduro, K. Tuori, S. Sankari (eds.), Transnational Law: Rethinking European Law and Legal Thinking, Cambridge UP, 346-380, 2014

Bocconi Legal Studies Research Paper No. 2668720

19 Pages Posted: 3 Oct 2015

See all articles by Oreste Pollicino

Oreste Pollicino

Bocconi University - Department of Law

Marco Bassini

Bocconi University - Department of Law

Date Written: 2014

Abstract

Since its birth, the Internet has usually been considered as a threat to the traditional conception of sovereignty as power of a state to regulate the interactions taking place within its territory. The extra- territorial nature of the Internet has definitely contributed to the globalization of legal orders, by requiring them to develop a shared framework to address the problems arising from the relationships occurring on the Internet across various states. In the era of transnationalism, just some of the areas of law have been affected by the adoption of common legal standards, while others, closer to the national identity's heart, kept themselves aside from this process. Thus, almost paradoxically, the law of the Internet demonstrates that the advent of the era of transnationalism does not imply the end of the role of national law, but only implies it has to be rethought in the broader context of globalization of legal systems.

Keywords: internet law, transnational law, transnational constitutional law, constitutional law, law and technology, internet, IT law

Suggested Citation

Pollicino, Oreste and Bassini, Marco, The Law of the Internet between Globalisation and Localisation (2014). M. Maduro, K. Tuori, S. Sankari (eds.), Transnational Law: Rethinking European Law and Legal Thinking, Cambridge UP, 346-380, 2014, Bocconi Legal Studies Research Paper No. 2668720, Available at SSRN: https://ssrn.com/abstract=2668720

Oreste Pollicino (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Marco Bassini

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

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