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A New Jurisprudential Framework for Jurisdiction: Beyond the Harvard Draft

Part of: Rethinking State Jurisdiction in the Internet Era

Published online by Cambridge University Press:  20 January 2017

Dan Jerker B. Svantesson
Dan Jerker B. Svantesson*
Affiliation:
Bond University (Australia) Swedish Law & Informatics Research Institute, Stockholm University (Sweden)
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Eighty years ago, in 1935, a major step was taken in international law; the Harvard Research Draft Convention on Jurisdiction with Respect to Crime (“Harvard Draft”) was published in the American Journal of International Law. The influence of the Harvard Draft has been nothing but phenomenal and must surely have exceeded the drafters’ wildest ambitions. Indeed, it is fair to say that the structure put forward in the Harvard Draft has represented public international law’s approach to jurisdiction ever since.

Type
Symposium: Rethinking State Jurisdiction in the Internet Era
Information
AJIL Unbound , Volume 109 , 2015 , pp. 69 - 74
Copyright
Copyright © American Society of International Law 2015

References

1 Draft Convention on Jurisdiction with Respect to Crime, 29 AJIL 439 (1935)CrossRefGoogle Scholar.

2 Svantesson, Dan Jerker B., Will data privacy change the law?, OUPblog (May 31, 2015)Google Scholar.

3 Svantesson, Dan Jerker B., After Microsoft v. U.S.—Law Enforcement in the Cloud (1 of 2) , Linkedin Pulse (Dec. 31, 2014)Google Scholar.

4 Brief for Appellant, Microsoft Corporation v. United States (2d Cir.); for European Union-side, see Brief of Amicus Curiae Jan Philipp Albrecht, Member of the European Parliament, Microsoft Corporation v. United States (2d Cir.).

5 Government’s Brief in Support of the Magistrate Judge’s Decision to Uphold a Warrant Ordering Microsoft to Disclose Records Within its Custody and Control, In re A Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft, 15 F. Supp. 3d 466 (S.D.N.Y. 2014).

6 Svantesson, Dan Jerker B., Private International Law and the Internet (2nd ed., 2012)Google Scholar.