Private International Law Online: Internet Regulation and Civil Liability in the Eu (Oxford Private International Law) (Hardcover)
Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online. It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders. Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The book addresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to online platforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union. Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.
Tobias Lutzi is a Research Fellow at the Institute for Private International and Comparative Law at the University of Cologne. In December 2019 he won the 2019 ICC Institute Prize for his thesis, titled "Regulating the Internet through Private International Law".