Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2010

Abstract

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

Keywords

Internet Law, Customary law, Cyberspace, Public international law, Private international law

Discipline

Internet Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

Computer Law and Security Review

Volume

26

Issue

1

First Page

3

Last Page

22

ISSN

0267-3649

Identifier

10.1016/j.clsr.2009.11.005

Publisher

Elsevier

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1016/j.clsr.2009.11.005

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