International Conflict of Laws Governing Civil Liability Arising from Digital Commercial Transactions in Cyberspace

Abstract

This research looks at conflict of laws as it relates to civil liability in digital commercial transactions in cyberspace and the problems of jurisdiction, applicable law and enforcement across borders. The study examines the new challenges for traditional private international law, based on territorial principles, in borderless and decentralized digital environments. Commercial interactions over the internet are increasingly happening in more than one forum at the same time, resulting in legal uncertainty over forum selection, determination of applicable law and liability allocation.

The study uses doctrinal legal research method together with a comparative legal approach to explore and examine relevant international legal principles, judicial interpretations, and scholarly contributions. Analyses and challenges the reactions of courts and legal systems to cyber-related conflicts, such as Internet torts, platform liability, smart contracts, and cross-border consumer transactions. The research also examines recent developments like targeting tests, effects-based jurisdiction and digital platforms in the formation of private legal relations.

The research shows that existing laws are fragmented and inconsistent, resulting in complexity, enforcement issues and legal uncertainty in the realm of digital commerce. The study ends by calling for greater harmonization and technological sophistication of the conflict-of-laws rules, to better protect the realities of cyberspace. It suggests flexible jurisdictional rules and more cooperation between States to provide legal security and robust cross-border governance of digital commerce....