Attempts to Regulate: The Impact of International Bodies


Reacting to the evolution of online standards via judicial means, a number of international bodies are pursuing options to alleviate the mounting issues specifically related to cross-border Internet jurisdiction. Organizations including The Hague, the World Intellectual Property Organization (WIPO), the Internet Corporation for Assigned Names and Numbers (ICANN), the United Nations, the Organization for Economic Cooperation and Development (OECD), the European Commission, the Group of Seven Industrialized Nations, and a number of other non-government organizations have each acknowledged the problem. A vast majority of these entities are actively seeking resolution by means of international treaties and academic study. This level of global attention casts hope for more coherent governance online, but a unified policy still proves to be a challenge.

The Hague Conference on Private International Law has been the most active body in this space, working to draft international standards for settling online disputes. The Conference seeks to set international conventions for determining the court in which foreign parties can be sued and when countries are required to recognize foreign judicial judgments. Efforts to address problems raised by electronic data interchange speak directly to the themes that have repeatedly surfaced in cross-border Internet litigation, specifically with regard to enforcement and legitimacy. Yet, The Hague's actions thus far are not a panacea for international online jurisdiction issues. For over three years this body has worked on the issue with no result. Negotiations have become extremely politicized and agreement on standards has been complicated by the myriad business, individual, and government interests at stake. Many potential signatory nations have gone so far as to suggest paring back the scope of the Conference to remove Internet issues altogether.

Other organizations involved have found the subject matter beyond their control or outside their core mission. ICANN, a 19-member international standards-setting body charged with managing the Internet's domain names, is plagued with organizational issues and has failed to build consensus related to online governance. WIPO has been solely focused on cross-border issues related to trademarks. The United Nations, OECD, and other international bodies seem more attentive to the digital divide and development aspects of information and communication technologies (ICTs) as opposed to the governance issues that have arisen between nations of advanced users.

Despite efforts to date, international bodies face a long and daunting task in their attempts to nullify national interests related to online jurisdiction standards. Thus far, international organizations have had limited impact setting global standards; the measures that have been taken thus far have proved to be merely reactionary.




Social and Economic Transformation in the Digital Era
Social and Economic Transformation in the Digital Era
ISBN: 1591402670
EAN: 2147483647
Year: 2003
Pages: 198

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