¿Cómo establecer la jurisdicción y competencia en casos de internet?: Tendencias internacionales y nacionales
The increase of activities and lawsuits on the internet have awakened the interest of lawyers, businessmen and scholars regarding the way to determine jurisdiction due the fact that crossborder characteristics of cyberspace are very different to the traditional territorial rules of the national juri...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2014
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5467510 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 41, 2014, pags. 15-32 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The increase of activities and lawsuits on the internet have awakened the interest of lawyers, businessmen and scholars regarding the way to determine jurisdiction due the fact that crossborder characteristics of cyberspace are very different to the traditional territorial rules of the national jurisdictions. The goal of this paper is to establish the criteria for determining jurisdiction that are being used by courts when they have to resolve cases on internet both in Common law and Civil law systems. The paper analyses academic literature, the rules offline that determine traditional jurisdiction and shows selected cases in international law, US, Europe and Colombia in an attempt to establish the way it is asserted jurisdiction on the internet. The method is both qualitative and inductive, using primary and secondary sources, documentary review and direct observation techniques. The findings indicate that differences between Common and Civil law systems disappear when new rules online emerge to establish jurisdiction on the internet; on the other hand, its notes an alternative use of both new online and traditional offline rules especially in US and Europe; international cases suggest that courts have applied traditional rules rather than online rules; finally, the Colombian cases show that the Supreme Court is applying a set of offline criteria. |
|---|