The World Bank Legal Review: Law and Justice for Development by World Bank

By World Bank

Sustainable poverty relief and equitable fiscal improvement leisure at the enterprise origin of the rule of thumb of legislation. at the family entrance, international locations needs to interact in felony reform so that it will maximize some great benefits of globalization, bring up potency in enterprise transactions, increase the best way governments bring crucial providers, and facilitate entry to a good justice approach. the world over, new ideas are had to face worldwide threats similar to funds laundering, destabilizing capital activities, communicable illnesses, and assaults at the setting. the 1st quantity of "The global financial institution felony evaluate" is the results of the area Bank's adventure with criminal and judicial thoughts and examine all over the world.

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3. Personal Jurisdiction and Enforcement Jurisdiction The use of the Internet to communicate or conduct electronic commerce raises the complex question of when a foreign court will assume jurisdiction over a person not residing within its territorial boundaries. Personal jurisdiction concerns the authority of a court to assert jurisdiction over the person of the defendant, with the result that the court can determine the dispute. The resolution of these issues will often entail an analysis of the long-arm statutes and rules of civil procedure in the forum state in which an action is brought, and the connections between the cause of action, the parties to the suit, and the forum in which the suit is brought.

J. (L 178) 1, art. 3 [hereinafter EU E-Commerce Directive]. Legal and Regulatory Aspects of E-Commerce and the Internet 27 that the defendant have some minimum contact with the foreign state that may be characterized as an act of the defendant to “purposefully avail” itself of the privileges of conducting activities within the foreign state. 46 Some merchants maintain a website presence that merely provides the potential consumer with general information. For example, contact details for ordering products by telephone or facsimile rather than by e-mail or the Internet.

S. 235, 253 (1958). 47 See ABA Jurisdiction Report, supra n. 23, at 60-62 which discuss this aspect. 48 In the United States, the analytical framework in determining whether jurisdiction should be asserted over a non-resident website operator should depend on the nature and quality of the commercial activities conducted over the Internet, set out by the court in Zippo Manufacturing Co. v. Zippo Dot Com, Inc. 952 F. Supp. D. Pa. 1997). The contention that a mere passive website did not constitute sufficient commercial activities in a jurisdiction to justify exercising jurisdiction over the non-resident website operator was confirmed in Cybersell, Inc v.

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