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Scope of (Remedial) Jurisdiction
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This chapterdraws attention to a new category of jurisdiction, what we may term ‘scope of jurisdiction’, or ‘scope of remedial jurisdiction’, and explains why this category of jurisdiction is particularly important in the online environment. It thenprovides a coherent framework for how we ought to approach this type of jurisdiction. In doing so, it draws upon experiences from recent cases; in particular, the Google Spain (González) case and the Google Canada (Equustek) case, both of which provide important insights into current practices regarding territoriality in private international law, and perhaps to a lesser extent public international law (as traditionally distinguished).
Title: Scope of (Remedial) Jurisdiction
Description:
This chapterdraws attention to a new category of jurisdiction, what we may term ‘scope of jurisdiction’, or ‘scope of remedial jurisdiction’, and explains why this category of jurisdiction is particularly important in the online environment.
It thenprovides a coherent framework for how we ought to approach this type of jurisdiction.
In doing so, it draws upon experiences from recent cases; in particular, the Google Spain (González) case and the Google Canada (Equustek) case, both of which provide important insights into current practices regarding territoriality in private international law, and perhaps to a lesser extent public international law (as traditionally distinguished).
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