Bibliografía - Novedad Editorial

Acaba de aparecer la obra "Conflict of Laws and the Internet", escrita por Pedro A. de Miguel y publicada por la editorial Edward Elgar.

The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This insightful book provides a detailed practical analysis of jurisdiction, choice of law and recognition and enforcement of judgments, examining online activities in areas where private legal relationships are most affected by the Internet. Offering rigorous and systematic coverage of EU Law in this dynamic field, consideration is given to information society services, data protection, defamation, copyright, trademarks, unfair competition and online contracts.
Key features include:
• comprehensive analysis of the complex conflict of laws issues that arise in connection with Internet activities
• discussion on the jurisdiction of national courts and the determination of applicable law
• a European perspective on the relationship between Internet Law and Private International Law (PIL)
• consideration of the cross-border effects of judgments in all major fields of PIL affected by the Internet.

Extracto del índice de la obra:

1. FOUNDATIONS
I. INTERNET REGULATION AND PRIVATE INTERNATIONAL LAW
1. Cyberlaw, transnational law and self-regulation
2. Significance of conflict of laws
II. INTERNATIONAL JURISDICTION
1. Introduction
2. Brussels I Regulation (Recast)
3. Comparative perspectives: United States
4. International developments
III. APPLICABLE LAW
1. General overview
2. The Rome Regulations
3. Comparative perspectives
IV. RECOGNITION AND ENFORCEMENT OF JUDGMENTS
1. Main features
2. European Union
3. International developments

2. INFORMATION SOCIETY SERVICES, INTERNAL MARKET AND ILLEGAL CONTENT
I. CROSS-BORDER INFORMATION SOCIETY SERVICES
1. Definition and significance
2. Basic legal framework
3. Place of establishment and territorial constraints
II. INTERPLAY WITH THE INTERNAL MARKET
1. Country of origin principle
2. Geo-blocking Regulation
III. INTERNET INTERMEDIARIES
1. Implications of the intermediary liability regime
2. Safe harbour immunities
IV. TORTS AND ILLEGAL CONTENT
1. General observations
2. Jurisdiction
3. Choice of law

3. DATA PROTECTION AND PERSONALITY RIGHTS INCLUDING DEFAMATION
I. TRANSBORDER DATA PROTECTION AND THE INTERNET
1. Data protection as a fundamental right
2. Basic features of EU data protection law
3. Data protection enforcement and conflict of laws
4. Cross-border transfers of data
II. TERRITORIAL SCOPE OF APPLICATION
1. Article 3 GDPR: significance and content
2. Establishment of the controller or processor
3. Targeting criterion
4. Territorial limits of rights and remedies
III. CROSS-BORDER PROCESSING AND SUPERVISORY AUTHORITIES
1. Cross-border processing under the GDPR
2. One-stop-shop mechanism
3. Complaints with a supervisory authority and judicial remedies
IV. CIVIL CLAIMS AGAINST A CONTROLLER OR A PROCESSOR
1. GDPR and private enforcement
2. Jurisdiction
3. Lis pendens and related actions
4. Choice of law
V. PERSONALITY RIGHTS INCLUDING DEFAMATION: JURISDICTION
1. Libel tourism and other challenges
2. Brussels I Regulation (Recast)
3. Comparative perspectives
VI. PERSONALITY RIGHTS INCLUDING DEFAMATION: CHOICE OF LAW
1. Lack of harmonization at EU level
2. Future perspectives
VII. RECOGNITION AND ENFORCEMENT OF JUDGMENTS
1. Introduction
2. Verification of jurisdiction
3. Public policy

4. COPYRIGHT AND RELATED RIGHTS
I. INTERNATIONAL AND EU COPYRIGHT LAW
1. International protection of copyright
2. European Union: comparative perspectives
II. JURISDICTION
1. Typology of cases: infringement claims
2. Lack of exclusive jurisdiction and options under EU law
3. Grounds of potentially unlimited jurisdiction
4. Limited jurisdiction of the courts of the place where the damage occurred
5. Provisional measures
III. CHOICE OF LAW
1. Uniform rules and their limits
2. Ubiquitous infringements
3. Digital Single Market
IV. RECOGNITION AND ENFORCEMENT OF JUDGMENTS
1. Legal sources
2. Types of judgments
3. Grounds for non-recognition

5. UNFAIR COMPETITION, TRADEMARKS AND OTHER INDUSTRIAL PROPERTY RIGHTS
I. TRADEMARKS, DESIGNS AND PATENTS: INTERNATIONAL AND EU LAW
1. International cooperation concerning industrial property
2. European Union
II. DOMAIN NAMES
1. Main features
2. ICANN: alternative dispute resolution
3. Domain names under ‘.eu’
III. CROSS-BORDER INTERNET ACTIVITIES AND TERRITORIALITY OF IP RIGHTS
1. Use of a sign on the Internet
2. Exhaustion of rights
3. Online trade and measures against counterfeit goods
IV. JURISDICTION OVER DISPUTES CONCERNING NATIONAL RIGHTS
1. Exclusive jurisdiction
2. Infringement claims: grounds of potentially unlimited jurisdiction
3. Place where the damage occurred
V. UNITARY RIGHTS: SPECIAL JURISDICTION RULES
1. Rationale and structure: general jurisdiction
2. Multiple defendants
3. Place in which the act of infringement has been committed
4. Unified Patent Court
VI. INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS: CHOICE OF LAW
1. Territoriality and lex loci protectionis
2. Interaction with substantive law
3. Unitary rights
VII. UNFAIR COMPETITION AND ACTS RESTRICTING FREE COMPETITION
1. Unfair competition and IP rights
2. Online activities and competition law
3. Jurisdiction
4. Applicable Law
VIII. SCOPE OF REMEDIES AND ENFORCEMENT OF FOREIGN JUDGMENTS
1. Factors influencing the remedies available
2. Recognition and enforcement of foreign judgments

6. CONTRACTS
I. ONLINE CONTRACTS: BASIC LEGAL FRAMEWORK
1. International initiatives
2. European Union
II. CLASSIFICATION OF CONTRACTS
1. Online and offline transactions
2. B2B, B2C and P2P contracts
3. DLT, blockchain and so-called smart contracts
III. JURISDICTION
1. Choice of court agreements
2. Jurisdiction in the absence of choice
IV. CHOICE OF LAW
1. Party autonomy
2. Applicable law in the absence of choice
3. Scope of the law applicable to the contract
4. Overriding mandatory rules and public policy
V. ALTERNATIVE DISPUTE RESOLUTION
1. Introduction
2. Mediation
3. Arbitration and ODR

Ficha:

Pedro A. de Miguel Asensio
"Conflict of Laws and the Internet"
Edward Elgar Publishing, Cheltenham, UK - Northampton, MA, USA, 2020
576 pp - £175 (eBook: £140)
ISBN: 978 1 78811 081 5