Digital Contracts in Global Surroundings

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

Currently, questions around Internet jurisdiction – in a general sense – are gaining an unprecedented level of attention. Yet, progress is both slow and limited. This chapter argues that the most significant obstacle for progress is found in the fact that our current thinking on jurisdiction is largely dominated by, and rooted in, notions of territoriality. The problem is that it is not always easy – or indeed possible – to determine where (in real-space geographical terms) events take place online. Thus, this chapter advances an alternative. More broadly, this chapter aims to bring attention to several themes of central importance for digital contracts in global surroundings. Apart from the already mentioned reliance on territoriality, those themes are: (i) that the Internet cannot be allowed to be a lawless space; (ii) that cross-border online interaction fulfils a valuable function; (iii) that we presently are experiencing a state of ‘hyper-regulation’ and (iv) that the role of contracts has increased with our use of the Internet. This chapter is also aimed at bringing attention to important considerations of the extent to which we uphold party autonomy in the context of choice of forum and choice of law clauses online. In addition, the prevalent ‘targeting’ focus is discussed and analysed in detail.

INTRODUCTION

The world is changing dramatically and rapidly due to advances in information technology, in particular the Internet. But despite these changes, the central role of contracts remains. In fact, it seems the role contracts play in our lives is increasing. And arguably, this trend is particularly clear in the context of crossborder interactions raising questions of which court(s) may claim jurisdiction, and which (country's) substantive law will govern the interaction.

This chapter commences by examining this theme and four other clear themes discernible in digital contracts in global surroundings, namely:

– that the Internet cannot be allowed to be a lawless space;
– that cross-border online interaction fills a valuable function;
– that we presently are experiencing a state of ‘hyper-regulation’; and
– that there is a strong focus on territoriality.
Original languageEnglish
Title of host publicationEuropean Contract Law in the Digital Age
EditorsStefan Grundmann
PublisherIntersentia Publishers
ChapterPart II chapter 1
Pages49-86
Number of pages38
ISBN (Print)978-1-78068-477-2, 1780684770
DOIs
Publication statusPublished - 2018
EventSociety of European Contract Law : European Contract Law in the digital age - Tartu, Estonia
Duration: 17 Jun 201618 Jun 2016
http://www.secola.voog.com/

Publication series

NameEuropean Contract Law and Theory Series
Volume3

Conference

ConferenceSociety of European Contract Law
Abbreviated titleSECOLA
CountryEstonia
CityTartu
Period17/06/1618/06/16
Internet address

Fingerprint

Internet
jurisdiction
interaction
regulation
Law
autonomy
information technology
event
trend

Cite this

Svantesson, D. J. B. (2018). Digital Contracts in Global Surroundings. In S. Grundmann (Ed.), European Contract Law in the Digital Age (pp. 49-86). (European Contract Law and Theory Series; Vol. 3). Intersentia Publishers. https://doi.org/10.1017/9781780686431.002
Svantesson, Dan Jerker B. / Digital Contracts in Global Surroundings. European Contract Law in the Digital Age. editor / Stefan Grundmann. Intersentia Publishers, 2018. pp. 49-86 (European Contract Law and Theory Series).
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Svantesson, DJB 2018, Digital Contracts in Global Surroundings. in S Grundmann (ed.), European Contract Law in the Digital Age. European Contract Law and Theory Series, vol. 3, Intersentia Publishers, pp. 49-86, Society of European Contract Law , Tartu, Estonia, 17/06/16. https://doi.org/10.1017/9781780686431.002

Digital Contracts in Global Surroundings. / Svantesson, Dan Jerker B.

European Contract Law in the Digital Age. ed. / Stefan Grundmann. Intersentia Publishers, 2018. p. 49-86 (European Contract Law and Theory Series; Vol. 3).

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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AU - Svantesson, Dan Jerker B

PY - 2018

Y1 - 2018

N2 - Currently, questions around Internet jurisdiction – in a general sense – are gaining an unprecedented level of attention. Yet, progress is both slow and limited. This chapter argues that the most significant obstacle for progress is found in the fact that our current thinking on jurisdiction is largely dominated by, and rooted in, notions of territoriality. The problem is that it is not always easy – or indeed possible – to determine where (in real-space geographical terms) events take place online. Thus, this chapter advances an alternative. More broadly, this chapter aims to bring attention to several themes of central importance for digital contracts in global surroundings. Apart from the already mentioned reliance on territoriality, those themes are: (i) that the Internet cannot be allowed to be a lawless space; (ii) that cross-border online interaction fulfils a valuable function; (iii) that we presently are experiencing a state of ‘hyper-regulation’ and (iv) that the role of contracts has increased with our use of the Internet. This chapter is also aimed at bringing attention to important considerations of the extent to which we uphold party autonomy in the context of choice of forum and choice of law clauses online. In addition, the prevalent ‘targeting’ focus is discussed and analysed in detail.INTRODUCTIONThe world is changing dramatically and rapidly due to advances in information technology, in particular the Internet. But despite these changes, the central role of contracts remains. In fact, it seems the role contracts play in our lives is increasing. And arguably, this trend is particularly clear in the context of crossborder interactions raising questions of which court(s) may claim jurisdiction, and which (country's) substantive law will govern the interaction.This chapter commences by examining this theme and four other clear themes discernible in digital contracts in global surroundings, namely:– that the Internet cannot be allowed to be a lawless space;– that cross-border online interaction fills a valuable function;– that we presently are experiencing a state of ‘hyper-regulation’; and– that there is a strong focus on territoriality.

AB - Currently, questions around Internet jurisdiction – in a general sense – are gaining an unprecedented level of attention. Yet, progress is both slow and limited. This chapter argues that the most significant obstacle for progress is found in the fact that our current thinking on jurisdiction is largely dominated by, and rooted in, notions of territoriality. The problem is that it is not always easy – or indeed possible – to determine where (in real-space geographical terms) events take place online. Thus, this chapter advances an alternative. More broadly, this chapter aims to bring attention to several themes of central importance for digital contracts in global surroundings. Apart from the already mentioned reliance on territoriality, those themes are: (i) that the Internet cannot be allowed to be a lawless space; (ii) that cross-border online interaction fulfils a valuable function; (iii) that we presently are experiencing a state of ‘hyper-regulation’ and (iv) that the role of contracts has increased with our use of the Internet. This chapter is also aimed at bringing attention to important considerations of the extent to which we uphold party autonomy in the context of choice of forum and choice of law clauses online. In addition, the prevalent ‘targeting’ focus is discussed and analysed in detail.INTRODUCTIONThe world is changing dramatically and rapidly due to advances in information technology, in particular the Internet. But despite these changes, the central role of contracts remains. In fact, it seems the role contracts play in our lives is increasing. And arguably, this trend is particularly clear in the context of crossborder interactions raising questions of which court(s) may claim jurisdiction, and which (country's) substantive law will govern the interaction.This chapter commences by examining this theme and four other clear themes discernible in digital contracts in global surroundings, namely:– that the Internet cannot be allowed to be a lawless space;– that cross-border online interaction fills a valuable function;– that we presently are experiencing a state of ‘hyper-regulation’; and– that there is a strong focus on territoriality.

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M3 - Chapter

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Svantesson DJB. Digital Contracts in Global Surroundings. In Grundmann S, editor, European Contract Law in the Digital Age. Intersentia Publishers. 2018. p. 49-86. (European Contract Law and Theory Series). https://doi.org/10.1017/9781780686431.002