Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online. It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders.
Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The book addresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to online platforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union.
Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.
Rezensionen / Stimmen
A book worth reading, based on a dissertation. Its scope is wide, the collection of sources is highly international...and the editing in Oxford has been done well and should greatly help the adoption of the work in the English-speaking world and on the continent. A welcome contribution to the regulation of harmful attacks on private rights from the internet. * Gerhard Hohloch, Rabel's journal for foreign and international private law * The book thus proposes a restoration of private international law in the area of the law of obligations that are specific to online activities, and more precisely, of the civil liability that the latter entail. ... The specific point of equilibrium found by the author may be debatable but the proposition of Mr. Lutzi strives to be balanced, reasonable, and comprehensive, in line with the best tradition of the discipline. [Translated] * Etienne Farnoux, Revue critique de droit international prive * The thoughtful and highly analytical Oxford dissertation [...] critically discusses the relevant jurisprudence of the CJEU and comprehensively analyses the relevant norms on international jurisdiction and the conflict of laws in tort and contract. [Translated] * IPRax * Dr Lutzi has risen to the challenge impressively. His book is clear, cogent, closely argued and rigorously worked through. His willingness to test his arguments and proposals by acknowledging and addressing the strongest counter-arguments is especially striking ... [A]t a time when there is a noticeable tendency for nation States to assert the superiority of their national laws and abandon jurisdictional self-restraint, Dr Lutzi's book is an excellent contribution that deserves to ignite greater interest in the online role of PIL. * Graham Smith, Bird & Bird LLP, ICC Dispute Resolution Bulletin * A better understanding and application of private international law can decisively contribute to remedy certain deficiencies in the enforcement of national legal orders and EU law to cross-border online activities. In this context, the valuable contribution that this well-researched book by Tobias Lutzi represents can hardly be overestimated ... In a nutshell, the book provides an excellent analysis of the regulatory potential of private international law to address the challenges posed by cross-border online activities. It also proposes a specific model to reduce fragmentation of jurisdiction and applicable law that should be taken into consideration in future discussions on the evolution of EU private international law. * Pedro De Miguel Asensio, Complutense University of Madrid, EU Law Live * Overall, Tobias Lutzi's book successfully combines complex theoretical analysis with concrete propositions in a multifaceted and developing area of the law. It exemplifies the contribution of private international law in addressing the challenges arising in information services: in doing so, it illustrates how policies and political aims may be promoted via private international law. As such, his book is an essential and highly recommended reading for academics, regulators, and practitioners. * Cristina Mariottini, conflictoflaws.net *
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 254 mm
Breite: 177 mm
Dicke: 22 mm
Gewicht
ISBN-13
978-0-19-886526-1 (9780198865261)
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Schweitzer Klassifikation
Tobias Lutzi is a Research Fellow at the Institute for Private International and Comparative Law at the University of Cologne. In December 2019 he won the 2019 ICC Institute Prize for his thesis, titled "Regulating the Internet through Private International Law".
Autor*in
Research FellowResearch Fellow, Institute for Private International and Comparative Law at the University of Cologne
1: Introduction
2: Enforcing Private Law on the Internet
3: Private International Law as a Tool for Regulation
4: Liability for Internet Activities in EU Private International Law
5: Proposal for an Alternative Approach
6: The Internet and Beyond
