>
> So, to take a classic case, what happens when your security/law
> enforcement body decides to haul me away on some charge that makes
> since
> to your law making agency but my law making agency and security/law
> enforcement utterly disagrees? Who decides the issue? Do they
> fight it
> out? What next level body and set of rules do they appeal to?
Something similar to this situation has developed in the area of
international law as applied to e-commerce. For example, when a dispute
arises between a merchant physically located in Callifornia over goods
manufactured in and shipped from Korea to a buyer in England, it's not
clear which country's laws will apply for purposes of interpreting the
contract, or which courts have jurisdiction in the event one of the
parties wishes to file a lawsuit. Ideally, the parties would specify
this in their initial contract, but this is often neglected.
The situation is similar to that which existed when merchant ships first
began traveling between Europe and China. While ships were at sea they
were bound to the laws of no jurisdiction. Admiralty law developed in
response to the need for predictability in the relationships between
ships at sea.
Barbara
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This archive was generated by hypermail 2b29 : Mon Oct 02 2000 - 17:39:25 MDT