Tuesday, March 11, 2008
Henrik Stakemann Spang-Hanssen has published "A Just World Under Public International Law in Cyberspace: Jurisdiction," in volume 13 of the Annual Survey of International and Comparative Law (2007). Here is the abstract.
In this article, I first state my six steppingstones that I use when dealing with what I have termed pure online (see below First Base) incidents on public international computer networks, where public international law is determining. As for the later, I use the term Global Jurisdiction, which is characterized by a State's jurisdictional rules taken on its wording reaches all alien cybernauts, thus making a Worldwide jurisdiction involving aliens whom can be anywhere in the world (outside the forum state). This term has to be distinguished from Universal Jurisdiction.
Thereafter, I briefly mention the aim of jurisdiction rules, the big problem with the Internet in relation to jurisdiction and when a state under public international law is allowed to legislate (prescribe and adjudicate) and enforce.
Next, I use online newspapers as a pure online example and give some perspectives and mention how different states have tried to exercise global jurisdiction over foreign online newspapers.
Finally, I make some short remarks on how to achieve A Just World under Public International Law for Newspapers in Cyberspace.
Download the article from SSRN here.