This part concerns the following questions:

- which law applies on the internet?

- who is entitled to interpret it?

- who is entitled to enforce it?

- where is locus delicti?

The main ontological problem relates here to traditional territoriality of law v. natural non-territoriality of the internet. In practice, this problem arises mostly in cases of harm or damage caused on the internet. We then primarily have to interpret Art. 4(1) of Rome II Regulation stating that "law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur."

This seminar is case-based, i.e. we demonstrate various jurisdictional concepts on actual cases. As the rules of private international law regarding cases of harm or damage are quite similar around the world, we can also take inspiration from cases occurring outside the EU. In particular, we focus namely on the following cases:

The presentation for this topic is available on the link below: