Cross-Border Infringement of Personality Rights Via the Internet : A Resolution of the Institute of International Law.

Half Title -- Title Page -- Copyright Page -- Contents -- Foreword -- Illustrations -- Introduction: Conflicts on Steroids -- Part A De Lege Lata -- Chapter i The Internet -- 1 The Advent of the Internet -- 2 Internet Exceptionalism? -- Chapter ii The Scope of This Book: Rights of Personality -- Chapter iii Substantive Law Differences: Some Illustrative Cases -- 1 The Yahoo! Case -- 2 Blasphemy -- 3 The Google Cases and the "Right to be Forgotten" -- 4 Global "Take Down" Orders -- 5 Transnational Defamation -- Chapter iv Jurisdictional Differences: In General -- 1 Don't Blame the Internet -- 2 General Differences -- 3 Claim-Plaintiff Focused Systems -- 4 Defendant-Focused Systems -- Chapter v Jurisdictional Differences in Cases involving Injuries to Rights of Personality -- 1 Australia -- 2 Canada -- 3 United States -- 4 European Union -- Chapter vi Differences and Similarities in Choice of Law -- 1 Specific Choice-of-Law Rules for Injuries to Rights of Personality -- 2 Choice-of-Law Rules for Cross-Border Torts -- a Rules Based on the Favor Laesi Principle -- b Express Favor Laesi Rules -- c Implied Favor Laesi -- d Partial Favor Laesi -- e Cross-Border Tort Conflicts in the United States -- f Summary for Cross-Border Personality Torts -- 3 The Lex Loci Delicti and its Exceptions in All Recent Codifications -- 4 Summary -- Chapter vii Recognition and Enforcement of Foreign Judgments: The Hague Convention of 2019 -- 1 The Road to The Hague -- 2 The 2019 Judgments Convention -- a Introduction -- b Jurisdictional Eligibility -- c Recognition and Enforcement -- Part B De Lege Ferenda: The Resolution of the Institute of International Law -- Chapter i Introduction -- 1 The Chronology and Scope of This Project -- 2 Striving for a Balance -- 3 Aiming for Simplicity and Efficiency -- 4 Jurisdiction -- a Suit in a State Affiliated with the Defendant.

b Suit in a State Affiliated with the Plaintiff -- c Jurisdictional Escapes -- d Comparison with EU Law -- e Choice-of-Court Agreements -- 5 One-Lawsuit One-Remedy: The "Holistic" Principle -- 6 Applicable Law -- a Suit in a Defendant-Affiliated State -- b Suit in a Plaintiff-Affiliated State -- c Suit in Another State Designated in a Choice-of-Court Agreement -- d Choice-of-Law Agreement -- 7 Jurisdiction and Choice of Law -- 8 Recognition and Enforcement of Judgments -- Chapter ii The Resolution (with Comments) -- Chapter iii The Resolution (without Comments) -- Chapter iv Résolution (Traduction) -- Chapter v travaux preparatoires: Excerpts from Correspondence between Reporters and Members of the Eighth Commission -- 1 Working Document No. 1, Aug. 1, 2015 -- 2 Working Document No. 2, May 1, 2017 -- Comments by Michael Bogdan, email of May 4, 2017 -- Response from Symeon Symeonides, May 4, 2017 -- Comments by Hélène Gaudemet-Tallon (hgt), 13 mai 2017 and responses from Symeon Symeonides (scs) -- Comments by Bernard Audit, May 14, 2017 -- i. LE CHAMP D'APPLICATION DU PROJET -- 1. Matériel -- 2. Personnel -- ii. COMPETENCE -- iii. DROIT APPLICABLE (article 7) -- iv. RECONNAISSANCE DES JUGEMENTS -- Response by Symeon Symeonides, May 15, 2017 -- Comments by Michael Bogdan, email of May 16, 2017 -- 3 Working document no. 3, august 1, 2017 -- Comments by Jürgen Basedow, email of September 11, 2017 -- Comments by Michael Bogdan, email of October 23, 2017 -- 4 Working document no. 4, june 11, 2018 -- Comments by Michael Bogdan, email of June 22, 2018 -- Response by Symeon Symeonides, July 30, 2018 -- Comments by Michael Bogdan, email of July 31, 2018 -- Response by Symeon Symeonides, July 31, 2018 -- Comments by Hélène Gaudemet-Tallon ("hgt"), July 30, 2018, and responses by Symeon Symeonides ("scs"), July 31, 2018.

5 Working Document No. 4a, August 1, 2018 -- Comments by Bernard Audit, September 11, 2018 -- Response by Symeon Symeonides, September 11, 2018 -- 6 Working Document No. 5, September 27, 2018 -- Comments by H. Gaudemet-Tallon (hgt) of 30 Sept. 2018 and Responses by Symeon Symeonides (scs) -- Comments by Michael Bogdan, email of October 2, 2018 -- Response by Symeon Symeonides, October 2, 2018 -- Comments by Michael Bogdan, October 10, 2018 -- Chapter vi Excerpts from the Minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019 -- Appendices -- Appendix 1 Statutory Choice-of-Law Rules on Infringement of Personality Rights and Similar Torts -- i Books -- II Articles -- Appendix 2 Substantive Provisions on Rights of Personality -- i Books -- II Articles -- Appendix 3 Excerpts from the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters of 2 July 2019 -- i Books -- II Articles -- Appendix 4 Miscellaneous Other Provisions -- i Books -- II Articles -- Appendix 5 The Internet and Human Rights -- i Books -- II Articles -- Bibliography -- i Books -- II Articles -- Index.

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.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.