‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 1: Developing rules for transitioning custom into law

作者: Warren B. Chik

DOI: 10.1016/J.CLSR.2009.11.005

关键词: LawSources of lawCommercial lawPublic lawPrivate lawLegal aspects of computingCustomary international lawThe InternetLegal professionComputer science

摘要: Abstract The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led a disjuncture between law practices relating transactions. speed at which information technology developed require faster, more reactive automatic response that is not currently met by existing law-making framework. This paper suggests development special rules enable Internet custom form legal norms fulfill this objective. In Part 1, I will describe problems stresses place on policy mechanisms; examine history as source various contexts identify potential sources Law particular suitability customary international template for formulating rules. 2, construct are applicable adapting rules; apply suggested determining some may amount established Internet, specifically Infrastructure Electronic Contracting.

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