IDEAS home Printed from https://ideas.repec.org/h/spr/prochp/978-3-031-14264-2_3.html
   My bibliography  Save this book chapter

Conflicts of Law

In: Understanding Cybersecurity Law in Data Sovereignty and Digital Governance

Author

Listed:
  • Melissa Lukings

    (York University)

  • Arash Habibi Lashkari

    (York University)

Abstract

Conflict of laws—also called private international law—is the set of rules or laws a jurisdiction applies to a case, transaction or other occurrences that has connections to more than one jurisdiction, for example, when the parties involved in a dispute are from different legal jurisdictions, when parties from different jurisdictions are engaged in a matter in yet another jurisdiction or when there are conflicting legal remedies for an issue which arises between legal jurisdictions. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgements, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract and tort law. In this chapter, we will discuss the concepts of jurisdictionality and how jurisdiction for a legal issue can be determined. We will discuss the personal connecting factors and determinants for jurisdiction to hear an issue. Finally, we will explore international law and related legal strategies in dealing with conflicting laws between jurisdictions.

Suggested Citation

  • Melissa Lukings & Arash Habibi Lashkari, 2022. "Conflicts of Law," Progress in IS, in: Understanding Cybersecurity Law in Data Sovereignty and Digital Governance, chapter 0, pages 85-115, Springer.
    • Handle: RePEc:spr:prochp:978-3-031-14264-2_3
    DOI: 10.1007/978-3-031-14264-2_3
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Casey Watters, 2023. "When Criminals Abuse the Blockchain: Establishing Personal Jurisdiction in a Decentralised Environment," Laws, MDPI, vol. 12(2), pages 1-16, April.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:prochp:978-3-031-14264-2_3. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.