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Reading: Global law will be Responsive Law, at least with regard to Cyberspace

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Global law will be Responsive Law, at least with regard to Cyberspace

Authors:

Paul de Hert ,

Professor of Law and Technology, Tilburg Institute for Law and Technology (TILT) and Faculty of Law and Criminology, Vrije Universiteit Brussel
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Eugenio Mantovani

PhD researcher, Research Group Law Science Technology & Society, Vrije Universiteit Brussel; seconded researcher, Centre for Science, Society and Citizenship (CSSC, Rome) – in the framework of the Marie Curie program VALUE AGEING
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Abstract

Multilevel global law is defying formal hierarchy in favour of a qualitative and responsive approach. As the cases of Solange and Kadi indicate, Courts may start giving priority to the legal order that better protects the values at stake. In law making, global law may be more and more responsive. Gone are the days of executives crafting ready-made treaties and bullying ratification back home; communities will react and force lawmakers to adjust and consult. The spectacular fiasco of Acta is a good example. The ACTA case, however, also instils the doubt whether this ‘responsiveness’ will be a general feature of global law or only of global information society law (cyberspace). Referring to the work of Andrew Murray on internet regulation and his discussion of failed enforcement against Wikileaks, one cannot but be prudent. The specific features of the internet make cyberspace another space than regular space. However, it is perhaps not to bold a pick to hold that the mechanism of responsiveness is, in due time and in some unexpected ways, to become a general characteristic of all law.
How to Cite: de Hert P and Mantovani E, ‘Global Law Will Be Responsive Law, at Least with Regard to Cyberspace’ (2012) 17 Tilburg Law Review 346 DOI: http://doi.org/10.1163/22112596-01702024
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Published on 01 Jan 2012.
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