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Customary Law of the Internet - In the Search for a Supranational Cyberspace Law (Hardcover)
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Customary Law of the Internet - In the Search for a Supranational Cyberspace Law (Hardcover)
Series: Information Technology and Law Series, 13
Expected to ship within 10 - 15 working days
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Customary Law of the Internet is the first book that deals
comprehensively with the emergence of a new kind of law on the
Internet that could be utilized by governments and private
arbitrators to settle disputes and make better laws. This new kind
of law is what once used to be the only source of legal rights and
obligations: customary law. The author first addresses issues posed
by the emergence of the Internet and analyses relevant
international treaties, in particular the Convention on the Use of
Electronic Communications in International Contracting. He then
comes to the emerging customary norms developed by the Internet
community, the importance of custom from an historical perspective
and the nature of international custom. The concept of Internet
custom is introduced, followed by a detailed methodology for
evidencing customary norms in judicial proceedings. The last part
of the book is devoted to the novel concept of autonomous Internet
law, based on customary norms of the Internet community, arbitral
and judicial awards, general principles of law, conventions, model
laws, commonly used contract terms and technical standards. Several
Internet customs are discussed in the area of intellectual
property, electronic contracting, online advertising and
transaction security. This book is addressed both to national and
international governments, judges and arbitrators as well as to
online traders, researchers and the Internet community as a whole.
It is an important tool for academics and practitioners interested
and active in cyberspace regulation and the Information Technology
community. Dr Paul Przemyslaw Polanski (BBus, magister prawa) is
presently a senior researcher at the Department of European Law,
Faculty of Law, University of Warsaw, and Department of Information
Systems, Leon Kozminski Academy of Entrepreneurship and Management
(LKAEM), Warsaw. Previously, he worked as a computer programmer in
the Australian IT industry and as a researcher at the University of
Melbourne and Monash University. He also worked for legal offices
in Poland, specializing in information technology law, contracts,
property and EU law. Currently, he administers the e-learning
platform www.elaw.pl. This is Volume 13 in the Information
Technology and Law (IT&Law) Series
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