Maria Mazhorina

Cyberplace and Methodology of International Private Law

2020. No. 2. P. 230–253 [issue contents]
Is it possible to regulate an extensive segment of transborder relations in cyber space withthe available legal tools and is reasonable to discuss the formation of the new bulk of normsin cyber space? The aim of the article is an attempt to answer this question through theprism of the regulation mechanism in trans-border private law relations belonging to thesubject matter of international private law. Due to the nature and the presence of foreigncomponent, the private law relations are closely connected with those emerging due tothe scale of cyber space. The methodology of the international private law has adjustedduring many centuries to the regulation of trans-border relations having developed anumber of mechanisms with a high degree of flexibility and able to respond efficiently to thechallenges of the modern society. Cyber space as a new environment for net communitymakes the issues of the past generation relevant, in particular conflict of jurisdictions andconflict of laws. The solutions are developing both by adjusting the traditional regulatorymodels and the development of the new ones some of which are being discussed in thearticle. The research argues that the concept of cyber law as an autonomous legal systemregulating public relations in cyber space is irrelevant as the very nature of the relationsare not transformed. However, law needs to realize cyber space and formulate relevantresponses to the new forms of making trans-border private law relations objective. Inparticular, the sphere concerning the definition of jurisdiction may draw the attention dueto the theoretical concepts and practice: Calder effects, Zippo-test, targeting test etc.Conflict of laws has a tendency of shifting from local legal relations with lex loci to a moreflexible conflict of laws regulation. or the cosmopolitan approach of the applicable lawpresented by P.S. Berman. Cyber space makes lex mercatoria relevant again which maybe referred to as lex informatia or e-merchant. As accumulated, all the above-mentionedmay enrich the modern doctrine and practice of international private law.
For citation: Mazhorina M.V. (2020) Cyberplace and Methodology of International Private Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 230–253 (in Russian) DOI: 10.17323/2072-8166.2020.2.230.253
Citation: Mazhorina M. (2020) Kiberprostranstvo i metodologiya mezhdunarodnogo chastnogo prava [Cyberplace and Methodology of International Private Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 230-253 (in Russian)
Rambler's Top100 rss