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Global Technology and Legal Theory - Transnational Constitutionalism, Google and the European Union (Hardcover)
Loot Price: R3,887
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Global Technology and Legal Theory - Transnational Constitutionalism, Google and the European Union (Hardcover)
Series: Routledge Research in International Commercial Law
Expected to ship within 12 - 17 working days
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The rise and spread of the Internet has accelerated the global
flows of money, technology and information that are increasingly
perceived as a challenge to the traditional regulatory powers of
nation states and the effectiveness of their constitutions. The
acceleration of these flows poses new legal and political problems
to their regulation and control, as shown by recent conflicts
between Google and the European Union (EU). This book investigates
the transnational constitutional dimension of recent conflicts
between Google and the EU in the areas of competition, taxation and
human rights. More than a simple case study, it explores how the
new conflicts originating from the worldwide expansion of the
Internet economy are being dealt with by the institutional
mechanisms available at the European level. The analysis of these
conflicts exposes the tensions and contradictions between, on the
one hand, legal and political systems that are limited by
territory, and, on the other hand, the inherently global
functioning of the Internet. The EU's promising initiatives to
extend the protection of privacy in cyberspace set the stage for a
broader dialogue on constitutional problems related to the
enforcement of fundamental rights and the legitimate exercise of
power that are common to different legal orders of world society.
Nevertheless, the different ways of dealing with the competition
and fiscal aspects of the conflicts with Google also indicate the
same limits that are generally attributed to the very project of
European integration, showing that the constitutionalization of the
economy tends to outpace the constitutionalization of politics.
Providing a detailed account of the unfolding of these conflicts,
and their wider consequences to the future of the Internet, this
book will appeal to scholars working in EU law, international law
and constitutional law, as well as those in the fields of political
science and sociology.
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