By Agne Lindberg
co-Author: Henrik Bengtsson, University of Lund
1. Preface
The purpose of this paper is to describe how different international conventions apply when introducing the Net as a new tool for international transactions. There are basically two jurisdictional issues regarding international transactions over the Net – Jurisdiction to Prescribe and Jurisdiction to Adjudicate. Jurisdiction to Prescribe could also be described as choice of law – what country’s laws should be applied for a particular issue. The Jurisdiction of Courts to Adjudicate deals with the choice of forum – what court has a right to try a case.
The conventions will be analysed with regard to their applicability to transactions carried out on the Internet. The paper will in particular analyse possible loopholes in the conventions, rendering them inapplicable to Internet transactions or causing difficulties when applying the conventions to such transactions.
