Conflicts of Law

Melissa Lukings () and Arash Habibi Lashkari
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Melissa Lukings: York University
Arash Habibi Lashkari: York University

Chapter Chapter 3 in Understanding Cybersecurity Law in Data Sovereignty and Digital Governance, 2022, pp 85-115 from Springer

Abstract: Abstract Conflict of laws—also called private international law—is the set of rules or laws a jurisdiction applies to a case, transaction or other occurrences that has connections to more than one jurisdiction, for example, when the parties involved in a dispute are from different legal jurisdictions, when parties from different jurisdictions are engaged in a matter in yet another jurisdiction or when there are conflicting legal remedies for an issue which arises between legal jurisdictions. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgements, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract and tort law. In this chapter, we will discuss the concepts of jurisdictionality and how jurisdiction for a legal issue can be determined. We will discuss the personal connecting factors and determinants for jurisdiction to hear an issue. Finally, we will explore international law and related legal strategies in dealing with conflicting laws between jurisdictions.

Keywords: Online jurisdiction; Digital conflicts; Conflicts of law; International law; Interjurisdictional sovereignty (search for similar items in EconPapers)
Date: 2022
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DOI: 10.1007/978-3-031-14264-2_3

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