Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction

Research output: Contribution to journalArticleResearchpeer-review

2 Citations (Scopus)

Abstract

When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.
Original languageEnglish
Pages (from-to)60-76
Number of pages17
JournalJournal of Private International Law
Volume12
Issue number1
DOIs
Publication statusPublished - 1 Apr 2016

Fingerprint

jurisdiction
private law
lawyer
international law
interaction

Cite this

@article{e123d0abbb39442ca674666fc6903124,
title = "Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction",
abstract = "When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.",
author = "Svantesson, {Dan Jerker B.}",
year = "2016",
month = "4",
day = "1",
doi = "10.1080/17441048.2016.1144987",
language = "English",
volume = "12",
pages = "60--76",
journal = "Journal of Private International Law",
issn = "1744-1048",
publisher = "Taylor & Francis",
number = "1",

}

Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction. / Svantesson, Dan Jerker B.

In: Journal of Private International Law, Vol. 12, No. 1, 01.04.2016, p. 60-76.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction

AU - Svantesson, Dan Jerker B.

PY - 2016/4/1

Y1 - 2016/4/1

N2 - When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.

AB - When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.

U2 - 10.1080/17441048.2016.1144987

DO - 10.1080/17441048.2016.1144987

M3 - Article

VL - 12

SP - 60

EP - 76

JO - Journal of Private International Law

JF - Journal of Private International Law

SN - 1744-1048

IS - 1

ER -