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Territoriality and the Governance of Cyberspace

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  • Stephen J Kobrin

    (University of Pennsylvania)

Abstract

The issue of how to regulate transactions in cyberspace is central to the future of international electronic commerce. This paper is based on four assumptions: (1) the Internet and e-commerce cannot exist apart from the social order; (2) attempts to regulate and tax activities on the Internet through existing territorial jurisdiction will be problematic; (3) cyberspace and e-commerce are inherently international, thus any successful governance regime will involve significant and substantial international cooperation; and (4) effective governance of cyberspace will require public-private sector cooperation, i.e., hybrid or integrative schemes combining self-regulation with government oversight and enforcement capabilities. The paper discusses the first three of these assumptions, then explores taxation in more detail as a case study that typifies the issues raised by e-commerce in a global context. Next, I develop a framework for understanding the governance of cyberspace as an evolving process involving growing formalization and an increase in the number of actors involved over time. The paper concludes with a discussion of several issues that require further research.© 2001 JIBS. Journal of International Business Studies (2001) 32, 687–704

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  • Stephen J Kobrin, 2001. "Territoriality and the Governance of Cyberspace," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 32(4), pages 687-704, December.
    • Handle: RePEc:pal:jintbs:v:32:y:2001:i:4:p:687-704
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    Citations

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    Cited by:

    1. Simon Hartmann & Thomas Lindner & Jakob Müllner & Jonas Puck, 2022. "Beyond the nation-state: Anchoring supranational institutions in international business research," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 53(6), pages 1282-1306, August.
    2. Shaheer, Noman Ahmed & Li, Sali, 2020. "The CAGE around cyberspace? How digital innovations internationalize in a virtual world," Journal of Business Venturing, Elsevier, vol. 35(1).
    3. Sharon Loane, 2005. "The role of the internet in the internationalisation of small and medium sized companies," Journal of International Entrepreneurship, Springer, vol. 3(4), pages 263-277, December.
    4. Shameen Prashantham, 2005. "Toward a Knowledge-Based Conceptualization of Internationalization," Journal of International Entrepreneurship, Springer, vol. 3(1), pages 37-52, January.
    5. Pezderka, Noemi & Sinkovics, Rudolf R., 2011. "A conceptualization of e-risk perceptions and implications for small firm active online internationalization," International Business Review, Elsevier, vol. 20(4), pages 409-422, August.
    6. Newman, Abraham, 2006. "Struggling Over Civil Liberties: The Troubled Foundations of the West," Institute of European Studies, Working Paper Series qt0411j8nk, Institute of European Studies, UC Berkeley.
    7. Rahul Mukherji, 2002. "Governing The Taxation Of Digitized Trade," ASARC Working Papers 2002-05, The Australian National University, Australia South Asia Research Centre.
    8. Tomáš Lechner, 2013. "Ekonomické dopady implementace ICT ve veřejné správě: důkazy z České republiky [Economic Impacts of ICT Implementation in Public Administration: Evidence from the Czech Republic]," Politická ekonomie, Prague University of Economics and Business, vol. 2013(5), pages 675-690.
    9. T. Naude, 2020. "Fragmentation Versus Convergence of Consumer Law Within One Legal System and Across Legal Systems: An African Perspective," Journal of Consumer Policy, Springer, vol. 43(1), pages 11-33, March.
    10. Misterek, Fokko, 2017. "Digitale Souveränität: Technikutopien und Gestaltungsansprüche demokratischer Politik," MPIfG Discussion Paper 17/11, Max Planck Institute for the Study of Societies.
    11. David Albert, 2012. "L'entreprise face aux mondes virtuels," Working Papers halshs-02401194, HAL.
    12. Ziliang Deng & Peter W Liesch & Zeyu Wang, 2021. "Deceptive signaling on globalized digital platforms: Institutional hypnosis and firm internationalization," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 52(6), pages 1096-1120, August.
    13. Farrell Henry & Newman Abraham L., 2015. "Structuring power: business and authority beyond the nation state," Business and Politics, De Gruyter, vol. 17(3), pages 527-552, October.
    14. Shilpa Madan & Krishna Savani & Constantine S. Katsikeas, 2023. "Privacy please: Power distance and people’s responses to data breaches across countries," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 54(4), pages 731-754, June.

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