Realizing a new global cyberspace framework normative foundations and guiding principles
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| Main Author: | |
|---|---|
| Language: | English |
| Subjects: | |
| Online Access: | Link to e-book |
| Physical Description: | 1 online resource (xxvii, 166 pages) : illustrations |
| Bibliography: | Includes bibliographical references and index. |
| Published: |
Heidelberg :
Springer,
[2014]
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| ISBN: | 9783662446775 3662446774 3662446766 9783662446768 |
Table of Contents:
- Preface; Contents; Bibliography; Abbreviations; I. Introduction; A. Objectives of the book; B. Notion and meaning of cyberspace; C. Internet governance as part of cyberspace regulation; II. Confrontation of traditional legal concepts with globalization; A. Development of international public law concepts; 1. Insights from Roman law; a) Res nullius and res communis; b) Jus naturale and jus gentium; 2. Nation States: sovereignty principle; a) Concept of Westphalian Peace Treaty; b) Challenges of borderless cyberspace; B. Present international public law in transition.
- 1. Relativization of territoriality principlea) Scope of territoriality principle; b) Applicable law; c) Jurisdiction; 2. Provocation by the "autonomy of cyberspace" concept; 3. Adequacy of analogies to other legal fields; C. Escape movement: soft law; 1. Notion and forms of self-regulation; 2. Legal "quality" of self-regulation; 3. Strengths of self-regulation; 4. Weaknesses of self-regulation; 5. Importance of self-regulation in the online world; III. Challenges for regulatory approaches in cyberspace; A. Understanding of law and regulation; 1. Law as a system.
- 2. Regulation as a tool of the StateB. Traditional rationales and concepts of regulation; 1. Public interest theory; 2. Welfare economics theory; 3. Public choice theory; 4. Institutionalism theory; 5. Capturel cyclical theory; C. Social change as challenge for regulation; 1. Social/environmental developments and dynamic concepts; 2. Qualitatively improved regulatory strategies; 3. Flexibility of law: relative autonomy; a) Theory of open systems; b) Autopoiesis approach; c) Relative autonomy and change of law; IV. In search for new rule-making approaches in cyberspace.
- A. Code-based regulation1. Concept of Lessig; a) Architecture as key element; b) Influence of law and policy; c) Problems of the code-based approach; 2. Lex informatica as alternative; B. Regulation through formalized standards and networks; 1. Socio-legal background; 2. Interlinked networks approach; 3. Complexity structures in networks; C. Informal law-making; 1. Law-making through (informal) social contract; 2. Informality features in law-making; 3. Customary Internet-ional law; 4. Appendix: Importance of accountability; D. Normativity-oriented regulatory concepts.
- 1. Philosophical background2. Hybrid economy and information society; 3. Democracy, participation, constitutionalism; a) Concept of "civic virtue"; b) Concept of "semiotic democracy"; c) Concept of societal constitutionalism; E. Assessment of regulatory theories and of possible future perspectives; 1. Complexity of structured matrix; 2. Polycentric and sectoral regulation; 3. Hybrid and mesh regulation; 4. Interim conclusion; V. Development of a "Global Cyberspace Framework" (GCF); A. Introductory Remarks; B. Policy parameters for cyberspace rule-making; 1. Political visions of rule-making.