Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contracts is discussed. The second part of the book deals with the emerging customary norms developed by the Internet community. Firstly, the importance of custom from historical perspective is discussed, followed by the analysis of the concept of international custom. Then the concept of Internet custom is presented, followed by a detailed methodology for evidencing customary norms in judicial proceedings. In the last part of the book, a number of Internet customs is presented. The last chapter discusses the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles, and more.
Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contracts is discussed. The second part of the book deals with the emerging customary norms developed by the Internet community. Firstly, the importance of custom from historical perspective is discussed, followed by the analysis of the concept of international custom. Then the concept of Internet custom is presented, followed by a detailed methodology for evidencing customary norms in judicial proceedings. In the last part of the book, a number of Internet customs is presented. The last chapter discusses the novel concept of autonomous Internet law, based on customary norms of the Internet community, arbitral and judicial awards, general principles, and more.
This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of...
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