JURISDICTIONAL ISSUES IN THE DIGITAL AGE

被引:2
|
作者
Razmetaeva, Yulia [1 ]
Ponomarova, Hanna [2 ]
Bylya-Sabadash, Iryna [1 ]
机构
[1] Yaroslav Mudryi Natl Law Univ, Dept Theory & Philosophy Law, Kharkiv, Ukraine
[2] Yaroslav Mudryi Natl Law Univ, Dept Hist State & Law Ukraine & Foreign Countries, Kharkiv, Ukraine
来源
IUS HUMANI-REVISTA DE DERECHO | 2021年 / 10卷 / 01期
关键词
Cybercrimes; Cyberspace; Digital Age; Human Rights; Jurisdiction;
D O I
10.31207/ih.v10i1.240
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article addresses some aspects of the key challenges for legal reality and legal systems in the digital age with a focus on jurisdictional issues in special attention to cyberspace, given its independent value and self-regulatory nature. The article suggests that regarding issues through the prism of a universal human rights approach could be a pillar for resolving existing and potential digital conflicts, prevent cybercrimes. The general legal framework in light of this approach is proposed here. The article discusses scenarios for solving jurisdictional problems: (i) global-focuses on the idea that a single worldwide legal framework and a universal regulation mechanism are possible; (ii) fragmented-partly considers the possibility of a single legal framework (or a set of agreements) and rely mainly on regional mechanisms; and (iii) national-each legal system is capable of providing and effective response to the threats of the digital age and aligns its legislation and judicial practice with the latter. Finally, it is suggested to focus on the prevention and mitigation of negative consequences of the activities of all subjects of law.
引用
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页码:167 / 183
页数:17
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