The Internet in Light of Traditional Public and Private International Law Principles and Rules Applied in Canada

Authors

Jean-Gabriel Castel, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

2001

Source Publication

Canadian Yearbook of International Law. Volume 39 (2001), p. 3-68.

Abstract

In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.

Repository Citation

Castel, Jean-Gabriel. "The Internet in Light of Traditional Public and Private International Law Principles and Rules Applied in Canada." Canadian Yearbook of International Law 39 (2001): 3-68.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.