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Determining Factors of Jurisdiction in Cases of Online Torts
Abstract
The invention of the computer symbolized the arrival of the
information revolution, and the occurrence of the Internet
pushes this revolution and went deep into square aspects of
the people’s life. It's sure that its impact on the system
of law also is deep but again shocks the vices. This dissertation,
starts from the impact of internet, analyzes fully judicial
cases in the U.S. and Australia. Then by summarizing the impact
of internet-based online torts on traditional jurisdiction,
the dissertation pointed out also the determining factors
in the technological aspect. It is concluded that online tort
is in essence the same with traditional torts. Traditional
jurisdiction, with some adjustments, can still apply to the
cyberspace.
Keyword: jurisdiction, online torts, technology
写作要求：
Commercial Conflict of Laws
3200 words (including footnotes). The essay should be typed
and contain a Bibliography.
1. “Commercial jurisdictional rules should be constructed
to ensure that justice can be achieved in the most appropriate
court. In this respect, the English traditional rules are
greatly superior to those contained in the Brussels I Regulation
(EC 44/2001).”
Discuss whether you agree with this statement.
2. “At common law, the conditions for the enforcement of
a foreign judgment are different from the conditions for recognition
of a foreign judgment.”
Is this true and, if so, why is it?
3. Describe how Art.15 1. (c) of the Brussels 1 Regulation
(EC 44/2001) applies to online business to consumer contracts.
Do you think that this rule offers a good balance between
consumer protection on the internet and facilitation of E-Commerce
activities in Europe?
4. On the basis of case-law from the US, Australia and Europe,
describe the main problems and approaches to determine jurisdiction
in cases involving torts committed online. Discuss which ‘legal’
solution do you find most appropriate and the extent to which
you think this should be addressed by
‘technology’?
论文题目：参见附件题目列表,任选其一
专业：INTERNATIONAL COMMERCIAL LAW国际商法
课程: Commercial Conflict of Laws
字数：3000(不包括脚注,参考书目)
截稿时间：开题报告 ------------- 一月四日截止
提交论文全文 ------- 一月十六日截止
学校背景：英国拍名前三十
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