33,639 research outputs found
Svantesson on the law of obligations
No full textThe third edition of Svantesson on The Law of Obligations provides a practical guide and an instructive overview of the law of obligations within common law and equity, coupled with the legislative provisions of the newly applicable Competition and Consumer Act 2010 (Cth) replacing and repealing the previous Trade Practices Act 1974 (Cth). This third edition provides a timely review and an informative commentary making it the perfect guide for anyone with an interest in consumer law, contractual law and the law of obligations.The third edition of Svantesson's Law of Obligations investigates the central topics incorporated in the law of obligations, including:- the simple explanation of terms;- the effect of vitiating factors under contract law;- the statutory prohibition against e.g. misleading and deceptive conduct and against misrepresentations; and- The relevant economic torts e.g. the tort of passing off.In an increasingly globalised world international legal borders become blurred. Svantesson includes a crucial comparative analysis by examining the approaches of international jurisdictions to the law of contracts and obligations including the United Nations Convention of Contracts for the International Sale of Goods, New Zealand, Sweden, the People's Republic of China and the United States of America
Landscape with the rise of data privacy protection
No full text[Extract] We have explained in our Preface that our main impetus for this book had been the Snowden affaire. We have aimed with this book to explore the status quo of trans-Atlantic data privacy relations challenging the notions of democracy, the rule of law (Rechtsstaat) and fundamental rights. The resulting anthology give a snapshot of the 'hottest' issues as they look at the end of 2016.
Preface: Yet another book about Snowden and Safe Harbor?
No full text[Extract] A series of events led to the idea for this book and the first one is more than obvious: the Edward Snowden affaire. On 6 June 2013 Glenn Greenwarld published in The Guardian the first in a series of articles- and later co-authored a few other - on global mass surveillance practices led by the United States' National Security Agency (NSA). On the first day, the worldwide public learned that the NSA has obtained a clandestine court order from a secretly operating court of law, called the Foreign Intelligence Surveillance Court (FISC), and on its basis the Agency has been collecting metadata on telephone calls of millions customers of a major private telecommunications provider, Verizon. this provider was forbidden from disclosing both the order itself and its compliance with it. on the second day (7 June), the worldwide public learned further that these practices had not been limited to a single provider and that the NSA was allegedly 'tapping directly into the central servers of nine leading U.S. Internet companies': Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple.
On-line cross-border defamation disputes
No full textAbout 10 years ago, online defamation was one of the most hotly debated topics within the field of conflict of laws and the Internet. While the interest in the topic has subsided somewhat, online defamation remains a perfect lens through which to view the complications that arise due to the combination of (virtually) global information distribution and our location-focused legal standards. Indeed, few other topics so clearly highlight clashes between the societal core values (such as varying approaches to freedom of speech) arising in the Internet arena. Furthermore, with several interesting recent developments, such as the US Securing the Protection of our Enduring and Established Constitutional Heritage (SPEECH) Act, recent ECJ decisions and new legislation in several countries, including the Philippines and the People's Republic of China, there are strong reasons to believe that online defamation will return to the frontline of the international debate about how we may best cope with cross-border disputes on the Internet
Data Driven Innovation, Privacy and National Sovereignty in a Global World-Two 2018 Key Cases on Internet Jurisdition
No full textIntroduction:Anyone who has been following the evolution of the law on Internet jurisdiction would have noticed the ebb and flow of developments. With decisions such as the Canadian Supreme Court's ruling in Google v Equustek, 1 the Court of Justice of the European Union's (CJEU) decision in Bolagsupplysningen OOZ and the Supreme Court of New South Wales' ruling in Xv Twitter,3 2017 signalled that we are in a period of serious flow. However, the cases of 201 7 pale in significance when viewed next to what we can expect from 2018. In 2018, we will get to experience the Supreme Court of the United States' hearing and decision in the much-anticipated MicrosoftWarrantcase.4 And we will also see the CJEU's hearing, and possibly decision, in the arguably even more important Google France case.5 I devote this contribution to an analysis of these two cases, both of which may significantly impact data driven innovation, privacy and national sovereignty in a global world
Jurisdictional Challenges Related to DNA Data Processing in Transnational Clouds
No full textGenetic research has the potential to change how we diagnose, prevent and treat medical conditions, by making the diagnosis more precise and the prevention and treatment more personalized. However, such research cannot be carried without the collection , use and disclosure of sensitive data - our DNA. Furthermore, to be effective, such research currently depends on DNA data being shared across borders and processed in cloud computing arrangements. Thus, genetic research is global, but it is not regulated similarly across the world. In this chapter, we examine the jurisdictional issues that arise in both private, and public, international law, where DNA data is stored or processed in transnational cloud computing arrangements. Further, the broad contours of a potential approach to dealing with those issues will commence with a brief discussion of what types of data we are dealing with here, what they are used for and the role cloud computing plays in the processing
Svantesson on the Law of Obligations
No full textThe book was first published by Pearson Education in 2007, and this is now the fourth edition. It is a comprehensive, up-to-date, and extensively researched resource for students engaging with an area of private law central to their education in the law and preparation for legal practice. Dan has taken an innovative approach to the subject matter. Contract law and tort law are typically taught separately, siloed within law school curricula in a manner that is quite artificial and inconsistent with the way the law is in fact practiced, administered and enforced. By approaching the subject matter of the text via the ‘Law of Obligations’, Dan is able to showcase the many ways in which contract law and tort law intersect and overlap. The book is also innovative in its recurring theme: the ways in which the law seeks to balance the need to uphold party autonomy and the need to limit party autonomy due to various public policy concerns such as the protection of the weaker party or the need for contracts to be effective. The structure of the textbook has been carefully and thoughtfully planned and is user friendly without oversimplifying the complex content. Each chapter begins with a ‘Rule’ representing a codification of the common law as it stands. This provides students with an accessible overview or ‘map’ of the relevant area of law before they are presented with the actual sources of the law, i.e. the relevant cases. The typical approach elsewhere is to move from a focus on the micro issues (principles extracted from cases) to the macro issues (a comprehensive picture). Dan’s book goes from macro issues to micro issues, thereby providing the reader with an immediate appreciation of how the relevant area of law operates and of how the concepts and principles identified from the cases interrelate
Solving the Internet Jurisdiction Puzzle
No full textInternet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction--for both private international law and public international law--based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.</p
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