Cross-border infringement of personality rights via the internet
Subtitle: a resolution of the institute of international law
By: by Symeon C. Symeonides
Publisher: Brill Nijhoff
Published: 2021
Place of publication: Leiden; Boston
Language: eng
Number of pages: 408
ISBN-13: 9789004437630; 9789004437647
Subjects: Conflict of laws; Personality
Description: "Conflicts of laws arising from injuries to rights of personality-such as defamation or invasion of privacy-have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution"--
Notes: Includes bibliographical references (pages 344-402) and index.
Table of contents: title: Introduction : conflicts on steroids; title: The internet; title: The scope of this book; title: Substantive law differences; title: Jurisdictional differences in general; title: Jurisdictional differences in cases involving injuries to rights of personality; title: Differences and similarities in choice of law; title: Recognition and enforcement of foreign judgments : The Hague Convention of 2019; title: The resolution (with comments); title: The resolution (without comments); title: Résolution (traduction); title: Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission; title: Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.