Publication Type
Journal Article
Version
acceptedVersion
Publication Date
3-2010
Abstract
The shift in socio-economic transactions from real space 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 2 of this article, 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
Innovation, Technology and the Law
Publication
Computer Law and Security Review
Volume
26
Issue
2
First Page
185
Last Page
202
ISSN
0267-3649
Identifier
10.1016/j.clsr.2010.01.007
Publisher
Elsevier
Citation
CHIK, Warren B..
‘Customary Internet-ional Law’: Creating a Body of Customary Law for Cyberspace. Part 2: Applying Custom as Law to the Internet Infrastructure. (2010). Computer Law and Security Review. 26, (2), 185-202.
Available at: https://ink.library.smu.edu.sg/sol_research/843
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1016/j.clsr.2010.01.007