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Internet law
computer law & security report 24 (2008) 280
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Book reviews
Internet law
Internet banking
Dan Jerker B. Svantesson, Private International Law and the Internet, Kluwer Law International, (2007), (440 pp., hardcover), ISBN 90-411-2516-7.
Apostolos Ath. Gkoutzinis, Internet Banking and the Law in Europe – Regulation, Financial Integration and Electronic Commerce, Cambridge University Press, (2006), (354 pp., hard-cover, £60.00; $110.00), ISBN 0-521-86071-7.
The Foreword of this text states that ‘‘The Internet is a communications medium that transcends geography – but so are the telephone, the fax and the television. None of the latter forms of communication have significantly affected the context in which the three principal questions of private international law (PIL) arise: should the courts in this, or in another country entertain this claim; should the laws of this, or of a foreign country be applied; and will a judgment rendered in this country be recognized and enforced abroad?’’ The question raised is whether, given that experience, communication by the Internet should lead to a different outcome. The author indicates that to answer this question the book takes ‘‘an original, two pronged approach. On the one hand it is based on careful discussion of the identifying characteristics of Internet communication, and on the other hand on a survey or private international law solutions that are relevant to such communication and found in the legal systems of various countries as well as in international instruments’’. Included among the survey of countries are Australia, England, Hong Kong, the United States, Germany, Sweden and China. The book then goes on to present a critique of the current rules, followed by analysis of the regulatory relevance of technology and how private international law rules can be structured to better address the problems identified early on in the book. Sold and distributed in North Central and South America by: Aspen Publishers Inc., 7201 McKinney Circle, Frederick, MD 21704, USA. Sold and distributed in all other countries by Turpin Distribution Services Limited, Stratton Business Park, Pegasus Drive, Biggleswade, Bedfordshire, SG18 8TQ, UK. 0267-3649/$ – see front matter ª 2008 Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2008.01.016
This book is the combination of a five year long research project carried out at the Centre for Commercial Law Studies in London and then later at Harvard Law School. According to the author the book: ‘‘encapsulates my fascination with the Internet and my interest in how the powers of electronic networks, information technology, advance telecommunications and financial innovation are transforming national and international financial markets in Europe and elsewhere. It is also a book about international financial integration and cross-border trade in financial services and how the Internet can facilitate consumers’ access to financial services and firms’ access to markets across national borders’’. Part 1 considers the introduction to electronic finance and Internet banking and Part 2 online banking and international market access. Part 3 examines the new harmonization and convergence of national laws relating to electronic banking activities and Part 4 the applicable law and allocation of regulatory responsibility in cross-border electronic banking activities. Available from: Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK. Tel: þ44 (0) 1223 312393; website: www.cambridge.org. 0267-3649/$ – see front matter ª 2008 Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2008.01.017
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Book reviews
Internet law
Internet banking
Dan Jerker B. Svantesson, Private International Law and the Internet, Kluwer Law International, (2007), (440 pp., hardcover), ISBN 90-411-2516-7.
Apostolos Ath. Gkoutzinis, Internet Banking and the Law in Europe – Regulation, Financial Integration and Electronic Commerce, Cambridge University Press, (2006), (354 pp., hard-cover, £60.00; $110.00), ISBN 0-521-86071-7.
The Foreword of this text states that ‘‘The Internet is a communications medium that transcends geography – but so are the telephone, the fax and the television. None of the latter forms of communication have significantly affected the context in which the three principal questions of private international law (PIL) arise: should the courts in this, or in another country entertain this claim; should the laws of this, or of a foreign country be applied; and will a judgment rendered in this country be recognized and enforced abroad?’’ The question raised is whether, given that experience, communication by the Internet should lead to a different outcome. The author indicates that to answer this question the book takes ‘‘an original, two pronged approach. On the one hand it is based on careful discussion of the identifying characteristics of Internet communication, and on the other hand on a survey or private international law solutions that are relevant to such communication and found in the legal systems of various countries as well as in international instruments’’. Included among the survey of countries are Australia, England, Hong Kong, the United States, Germany, Sweden and China. The book then goes on to present a critique of the current rules, followed by analysis of the regulatory relevance of technology and how private international law rules can be structured to better address the problems identified early on in the book. Sold and distributed in North Central and South America by: Aspen Publishers Inc., 7201 McKinney Circle, Frederick, MD 21704, USA. Sold and distributed in all other countries by Turpin Distribution Services Limited, Stratton Business Park, Pegasus Drive, Biggleswade, Bedfordshire, SG18 8TQ, UK. 0267-3649/$ – see front matter ª 2008 Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2008.01.016
This book is the combination of a five year long research project carried out at the Centre for Commercial Law Studies in London and then later at Harvard Law School. According to the author the book: ‘‘encapsulates my fascination with the Internet and my interest in how the powers of electronic networks, information technology, advance telecommunications and financial innovation are transforming national and international financial markets in Europe and elsewhere. It is also a book about international financial integration and cross-border trade in financial services and how the Internet can facilitate consumers’ access to financial services and firms’ access to markets across national borders’’. Part 1 considers the introduction to electronic finance and Internet banking and Part 2 online banking and international market access. Part 3 examines the new harmonization and convergence of national laws relating to electronic banking activities and Part 4 the applicable law and allocation of regulatory responsibility in cross-border electronic banking activities. Available from: Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK. Tel: þ44 (0) 1223 312393; website: www.cambridge.org. 0267-3649/$ – see front matter ª 2008 Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2008.01.017