Suchergebnisse

© The Author(s) (2018). Published by Oxford University Press. All rights reserved. The article examines the 'public policy exception' by which domestic judges decline to recognize and enforce international arbitration awards under Article V(2)(b) of the 1958 NewYork Convention. It explores litigation in China and NewYork to identify reasons invoked by domestic courts, viewed comparatively, to decline to enforce foreign arbitration awards on localized public policy grounds. It examines the nature and operation of public policy and due process defences, and considers the difficulties faced by domestic courts in delineating the concept of substantive and procedural justice clearly and reliably. The article examines the prospect of domestic courts refining shared norms of transnational public policy and due process of law that transcend their differences.

The transnational trade in personal data, while emerging as a valuable economic activity, poses many challenges for regulators and organizations. One of the major challenges is the fragmented and ad hoc approach taken by countries, and the European Union, in their data protection laws. This has led to data protection laws varying greatly from jurisdiction to jurisdiction. This paper will explore alternative legal mechanisms that might be available in the international arena to assist in the control and regulation of trade in personal data. The starting point is to review the use of different approaches that are adopted in intellectual property and copyright law to address this issue. Another vantage point is to espouse a contractual approach, which arguably is most achievable because the general principles governing contractual obligations are similar in most jurisdictions. This paper will argue that the Convention on the International Sale of Goods (CISG), can provide an alternative legal mechanism that can effectively help to regulate the cross-border trade in personal data. The paper will highlight how the CISG can be attractive as a practical legal mechanism for managing the sale of personal data through transnational contracts and by relying on copyright law. Applying the CISG provides individuals and entities with another legal mechanism that they can use effectively, not only to provide a level of control over personal data, but more importantly, to help facilitate trade in personal data. However, before concluding that the CISG is an effective legal mechanism, it will be important to determine whether personal data can be categorized as a good. It is our view that, in response to this challenge, personal data can be the subject of a sale of goods, and therefore can be subject to the application of the CISG. Keywords: CISG, copyright, intellectual property, personal data

This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union.The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

The role of international mediation and mediation more generally in data protection and privacy law can be an effective tool to resolving data disputes. This article will examine the data protection laws of Indonesia, Australia, Singapore, the Philippines, European Union and China. This comparative examination is timely, with the creation of the Convention on Enforcement of International Settlement Agreements Resulting from Mediation (Singapore Convention) which opened for signing on 7 August 2019 and the associated Model Law. If implemented and utilised, the Singapore Convention has the potential to become an effective legal mechanism to assist in resolving cross-border personal data disputes.