Droit international privé et cyberespace: fondements d'une approche renouvelée
Bibliographic record
Abstract
This thesis focuses on two phenomena that have challenged private international law in the 1990s. Firstly, the Supreme Court of Canada initiated a major transformation of the field in order to fit the internationalisation of private relations in the XXIth century. Secondly, the number of private relationships in cyberspace dramatically increased, along with a perception that state borders – the main tool used in private international law to identify the applicable law and to assert jurisdiction – were increasingly permeable. Today, this perception seems to be aggravated by "global" technological innovations such as cloud computing ... or at least that is what is suggested by many of the authors who are concerned with these issues. This thesis puts into question the need for constant adaptation of private international law and argues that cyberspace must be reconciliated with the context in which Canadian private international law principles were once – but not so long ago – crafted. This thesis analyses the approaches of cyberspace that have been proposed in Canada and the United States, with a special focus on legal change. Accordingly, some argue that cyberspace calls for a set of substantive, specific rules that override the traditional method of dealing with conflicts of laws and jurisdictional issues, while others instead propose to adapt traditional rules by crafting specific criteria aimed at cyberspace. Others rather argue that traditional rules are applicable to cyberspace, a medium among others. This thesis argues that the latter is a step in the right direction. Nevertheless, a more fundamental approach is required, one that finds its roots in the underlying themes of circulation and integration, that is, the main justification to Canada's transformation of private international law – a reform intended to cover a wide range of technological innovation. On a larger scale, this thesis addresses the difficult question of the adequacy of normative change and technical change, as well as the social context in which principles of private international law are crafted.Keywords : Private international law, cyberspace, real and substantial connection, connecting factors, electronic commerce, internet, globalization, legal reasoning.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.014 | 0.019 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.007 | 0.010 |
| Scholarly communication | 0.022 | 0.013 |
| Open science | 0.003 | 0.008 |
| Research integrity | 0.016 | 0.016 |
| Insufficient payload (model declined to judge) | 0.016 | 0.005 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".