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The Global Flow of InformationLegal, Social, and Cultural Perspectives$
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Ramesh Subramanian and Eddan Katz

Print publication date: 2011

Print ISBN-13: 9780814748114

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814748114.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 13 October 2019

Law as a Network Standard

Law as a Network Standard

Chapter:
(p.156) 9 Law as a Network Standard
Source:
The Global Flow of Information
Author(s):

Dan L. Burk

Publisher:
NYU Press
DOI:10.18574/nyu/9780814748114.003.0009

This chapter discusses the possibilities and consequences of treating law like a commercial product governed by market economics and affected by phenomena such as Charles Tiebout's application of interjurisdictional competition theory and “cartelization” effects. The moment citizens and businesses migrate to jurisdictions that have laws and codes favoring them, traders of “protected” informational products such as copyrighted books, music, and other media forms may also be inclined to move to locations where the existing laws favor them. As a result, developed nations may resort to international-standards agreements and “laws as products,” combined with a “cartel” approach. The chapter details the interactions between technology-based standards setting and international law and illustrates some of the problems that may arise from these.

Keywords:   law, commercial product, market economics, cartel approach, technology-based standards, international law

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