Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce

Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce

Takeshi Kawana (Waseda University, Japan)
DOI: 10.4018/978-1-59904-828-4.ch015
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Abstract

The purpose of this chapter is to examine international jurisdiction and choice of law for e-commerce involving economic legal issues. International jurisdiction and choice of law will be determined under private legal principles, but as e-commerce involves economic law as a law to ensure national economic stability, the court may consider economic law with both private and public legal functions. At that time there may be some conflict of law involving state economic policy, and it must be considered how to coordinate the conflict and create a universal legal structure for non-territorial cyberspace. This chapter will propose three layers of legal structure for e-commerce: the private law layer, the economic law layer, and the criminal law layer, all of which have perspectives for borderless cyberspace.

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