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Article
Publication date: 11 September 2009

Mohammad Mahabubur Rahman, Mohammad Aktaruzzaman Khan, Nour Mohammad and Mohammad Osiur Rahman

The purpose of this paper is to focus on existing law, the legal system and jurisprudence circling round territorial concepts.

Abstract

Purpose

The purpose of this paper is to focus on existing law, the legal system and jurisprudence circling round territorial concepts.

Design/methodology/approach

This paper is an opinion piece based on current and recent analysis of legal principle.

Findings

After the emergence of the internet as well as cyberspace, human activities are not confined solely to the physical world. They have been extended to a very different and peculiar non‐physical world. This world is everywhere and at the same time it is nowhere; and necessarily it is difficult to prescribe rules and enforce the same regarding cyberspace for its everywhere and nowhere proposition. The elementary concept of jurisprudence e.g. title, ownership and possession, etc. cannot be considered in the way we usually understand in case of real world. However, cyberspace has to be controlled by a legal framework that involves new ideas, leading to a new challenge in existing legal philosophy exclusively based on territorial concept.

Originality/value

Traditional territorial jurisprudence has to be revised in the light of cyber necessities arising out of high technological development. Moreover, certain new institutions have to be established in order to apply new principles in dispute settlement of cyber matters. This paper both identifies the need and options for the future.

Details

International Journal of Law and Management, vol. 51 no. 5
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 21 June 2011

Mohammad Mahabubur Rahman, Fariduddin Ahmed, Mohammad Osiur Rahman and Azizul Hoque

The purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation…

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Abstract

Purpose

The purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation relying upon previous territorial experience is making a new pathway for all the concerned persons and organizations to overcome the problems that have come out of cyber peculiarity.

Design/methodology/approach

This article is based on keen observation and intensive analysis of the US case laws and practices. This article concentrates on the study of the American cases as a representative type of hi‐tech nations for searching the influences of traditional territorial concept on the settlement of internet cases.

Findings

In spite of the inevitability of a distinct set of laws and legal principles to be adopted for cyber offences, the traditional territorial law can provide elements for cyber‐legal issues. As for being a pioneer hi‐tech nation, the US courts, whether federal or provincial, are very much inclined to decide the internet cases on the basis of territorial concept by applying the principles of traditional territorial notions.

Originality/value

The judges, lawyers, jurists, governments, public authorities, local authorities, statutory bodies and all other persons and institutes concerned from around the world shall find indications to chalk out the framework of solution for cyber disputes from the US practices.

Details

Journal of International Trade Law and Policy, vol. 10 no. 2
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 16 May 2008

Mohammad Osiur Rahman, Nour Mohammad and Mohammad Mahabubur Rahman

The purpose of this paper is to show that the internet together with cyberspace form an “everywhere and nowhere proposition” and to discuss numerous problems concerning…

Abstract

Purpose

The purpose of this paper is to show that the internet together with cyberspace form an “everywhere and nowhere proposition” and to discuss numerous problems concerning legal issues, the most vital being confusion as to jurisdiction.

Design/methodology/approach

The research was based upon theoretical sources and empirical data.

Findings

It was found that a probable solution could be extracted from the US experience for all the nations coming under the virtual framework of cyberspace. Some hi‐tech nations are facing this problem; and the USA is one of them. Even the USA – a large federal state – faces the jurisdictional problem and conflict as regards its own provinces; and the US courts, legal institutions and intellectuals are resorting to established principles of law – domestic or international. Decisions of US cases have been keenly observed to find out how the US courts and legal scholars have taken the help of traditional territorial tenets and precepts to resolve jurisdictional conflict. In many cases, US courts and legal scholars have shown their interest to adopt personal jurisdiction.

Originality/value

With the USA being a representative type of hi‐tech nation, US attitude and practice could usher the way for all other upcoming hi‐tech nations.

Details

International Journal of Law and Management, vol. 50 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Content available
Article
Publication date: 16 May 2008

James Kirkbride and Geraint Howells

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34

Abstract

Details

International Journal of Law and Management, vol. 50 no. 3
Type: Research Article
ISSN: 1754-243X

Content available
Article
Publication date: 11 September 2009

James Kirkbride

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358

Abstract

Details

International Journal of Law and Management, vol. 51 no. 5
Type: Research Article
ISSN: 1754-243X

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