International Coordination On Jurisdiction Of Internet Civil Cases

In the influence of the rapid development of internet, the system of the international jurisdiction of civil cases has been impacted by the internet. However, because of the consideration of the sovereignty and interests and others, the rules of jurisdiction system in the world are so different. The difference created a lot conflict in the area of jurisdiction of internet civil cases. Fundamentally, the conflict of jurisdiction of internet civil cases is the result of the conflict of jurisdiction system. To solve the problem of jurisdiction of internet civil cases the most important thing is to solve the conflict of the jurisdiction system. There are two methods for solving the conflict of jurisdiction system, including domestic legislation and international coordination, and the best way to solve the conflict of jurisdiction of internet cases is horizontal coordination on this kind of international relations. The main purpose of this paper is to discuss and analyze detailed the international coordination on jurisdiction of internet civil cases.The article is divided into three main parts, the three parts are written by degrees, and they assist each other.First of all, the first part is particular discussion of the necessity of the international coordination on jurisdiction of internet civil cases. The international coordination on jurisdiction of internet civil cases involves the complex internet factors, and is included by the international civil procedure law. Otherwise, it also contains international elements. These factors join together and doom the complexity of the problem. After this, the article discusses a lot in the limitation of unilateral legislation in various countries. In this part, it is not only the discussion of the practice of countries, especially enumerating the example of the United States and Australia, but it is also discussion of the issue in a deep theoretical analysis. It is that the unilateral legislation could result in the expansion of national jurisdiction, it also could result in serious problem of"forum shopping", and it also points out unilateral jurisdiction is the root of the jurisdiction conflict. In the final, article also systemically discussed the necessity of international coordination of the internet civil jurisdiction. And it pointed that the global characteristic of the internet make the internet as a whole and indivisibility. It decides that solving the internet jurisdiction problem can not only depend on one country's legislation. Therefore, the international community must be unified on this issue and constitute the international conventions and rules.Next the article introduced current practice evolvement of the international coordination on jurisdiction of internet civil cases. Because the international coordination of this problem progressed limitedly, the second part mainly expatiate the Hague Conference on Private International Law and the European Union's efforts and achievements in the paper. One of the most important is the efforts of the Hague Conference on Private International Law. This paper concerns the jurisdiction of internet a detailed briefing since 1992, particularly the drafting process of Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, in the drafting process taking into account the rapid development of the internet, committee diffusely discussed jurisdiction of internet civil cases many times and held a special conference in Canada to discuss the matters of e-commerce. In addition, the article also introduced the efforts made by the EU, for example, the EU changed the Brussels Convention of 1968 because of the development of the internet, and this active produced Consul Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters and so on.The topic of final part is the plight and future of international coordination on the jurisdiction of internet civil cases. This can be seen from the major topics. The final part analyze the main problem exist in current international coordination, and explore the reasons of these problems. Especially it analyzes what contradictions ultimately led to a change that the Convention has become a convention on choice of court agreement in the end. I believe that these difficulties have been led from these reasons: the development of internet is lopsided, and it results in the imbalance of countries'interest; the differences in levels of economic development; the differences between law and the legal system; and the protection of sovereignty. Besides, this part also expected the prospect and the future of the international coordination on the jurisdiction of internet civil cases. Although it is not the right time to formulate an international convention for the internet jurisdiction, but it is an inevitable trend to formulate new rules according to the characteristics of internet. It is just that the objective conditions have not forcing countries to formulate unified rules in jurisdiction of internet cases. The article pointed out that in the process of international coordination international community should follow the principles: respecting the sovereignty of other countries; protecting the international interests; jurisdiction self-control; effective and convenient principles. in the future's International coordination, the interests of consumers will be paid more attention and considered, agreement of jurisdiction will be more widely recognized and accepted, flexible internet jurisdiction standards will be more recognized and accepted by lots of countries, the meaning of traditional jurisdiction will become more diversified, and many new jurisdiction standards will be established to solve the problem of jurisdiction which internet brings.The essay discussed the necessary and feasibility of the international coordination on the jurisdiction of internet civil cases, and paid great attention to the practice. And the essay deeply analyze in theory, it is reasonable and evidential. The article affirmed the future development of this area, and pointed out the difficulties that the international coordination on jurisdiction of internet civil cases faced. The essay also forecast the future of international coordination development and principles that should be followed, and I hope it could be helpful for the homothetic matters.