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Économie et ordre juridique de l'espace virtuel

Author

Listed:
  • Bruno Deffains
  • Philippe Fenoglio

Abstract

The aim of this paper is to determine the legal regulation adapted to the development of Internet. We show that the law and economics model is partially transposable in cyberspace legal order. Starting from the statement of similarity between real and virtual world judicial problems, we explain the coexistence of the property rules and the liability rules. From a normative point of view, transaction costs importance and information asymmetries are the major determinants of the efficiency of each type of rule. However, because of the Internet technological and geographical characteristics, implementation of these rules raise specific problems. As cyberspace does not know about legal borders, some obstacles exist to the (centralized) regulation by courts charged to apply legal rules. Following, the paper studies the opportunity of a decentralized application with private jurisdictions and concludes with a discussion concerning the relevance from the reference to the lex mercatoria for the construction of the Internet legal order. Classification JEL : K10, L86

Suggested Citation

  • Bruno Deffains & Philippe Fenoglio, 2001. "Économie et ordre juridique de l'espace virtuel," Revue économique, Presses de Sciences-Po, vol. 52(7), pages 331-347.
  • Handle: RePEc:cai:recosp:reco_527_0331
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    Citations

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    Cited by:

    1. Yannick Gabuthy & Nicolas Jacquemet, 2007. "An Experimental Evaluation of Online Dispute Resolution [Une évaluation expérimentale des modes électroniques de résolution des litiges]," Post-Print halshs-00259457, HAL.

    More about this item

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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