{"title":"“Lagom管辖权”——维京饮酒礼仪能教会我们什么关于互联网管辖权和谷歌法国","authors":"D. Svantesson","doi":"10.5817/MUJLT2018-1-2","DOIUrl":null,"url":null,"abstract":"The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France\",\"authors\":\"D. Svantesson\",\"doi\":\"10.5817/MUJLT2018-1-2\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.\",\"PeriodicalId\":38294,\"journal\":{\"name\":\"Masaryk University Journal of Law and Technology\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-06-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Masaryk University Journal of Law and Technology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5817/MUJLT2018-1-2\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Masaryk University Journal of Law and Technology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5817/MUJLT2018-1-2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France
The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.