Cross‐Border Internet Dispute Resolution by Julia Hörnle

AuthorPablo Cortés
Date01 January 2010
Publication Date01 January 2010
immigrants (mainly Muslims) as a threat to‘Westernvalues’ (and, implicitly, as a
threat to ‘security’) is undermined by the life experiences of the individuals
involved. Far from the ¢xed boundaries of ‘us’ and‘them, Nelken brings out the
£uid or liquid nature of the identities adopted and adapted by the individuals
concerned. Often these identities are an amalgam andalter according tothe situa-
tion in which these youngsters ¢nd themselves (whether they are at school, at
home, amongst friends etc). In light of these ¢ndings, Nelken concludes with
the question which, although prese nted in the narrow terms of culture, is none-
theless present throughout the entire collection: how can we ‘build a society
where youngsters [and, I would add, not only youngsters] do not feel they have
to makehard choices foror against di¡erent identitiesbut are encouragedto show
a large amount of interest in and knowledge of the manycultures that surround
them’? (220)
Liquid Society and its Law is a diverse collection and is, as such, entirely in keep-
ing with Zygmunt Baumansoeuvre. Itwill be of i nterest to thosewith an interest
in the interplay and integration of lawand sociology, especially those unfamiliar
with the work of one of the world’s most proli¢c sociologi sts.The collectio n mir-
rors Baumans own diversity of interests, approach and methods and has the
potential to enrich the study of law.The book will appeal tothose with a feel for
the zeitgeist and the place of law within it.
David M. Seymour
Julia H˛rnle, Cross-Border Internet Dispute Resolution,Cambridge:
Cambridge University Press, 2009, 286 pp, hb d60.00.
Individuals and businesses increasingly rely on theInternet to carryout their daily
a¡airs, and the global and borderless nature of the Internet is augmenti ng the
number of cross-border disputes. In the Internet age, litigation becomes unsuita-
ble due to the expense and time involved between parties that are far apart. It
seems natural, then, that parties living in di¡erent parts of the world could also
bene¢t from using electronic communications to resolve their disputes. Online
Dispute Resolution (ODR) mainly involves Alternative Dispute Resolution
(ADR) processes largely assistedby the speed and convenience of electronic com-
munications, a model which seems eminently suited to Internet disputes. ODR,
however, is not just ADRplus online communications; it is more than that, since
the transformative element of technology brings a new dimension to the resolu-
tion of disputes.
In Cross-Border InternetDispute Resolution, Julia H˛rnleproposes an ODR model
for theresolution of Internetdisputes between individualswho do not have access
to justice, particularly in contexts where disputes involve power imbalances ^
typically where one party is a corporation and the other a private individual.
H˛rnles model is designed for the resolution of e-commerce, tort and other civil
disputes arising out of the Internet. She examines procedural standards that are
School of Law, Lancaster University
r2010The Authors. Journal Compilation r2010The Modern Law ReviewLimited.
(2010) 73(1) 155^173

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT