Respuesta al conflicto normativo y de jurisdicción aplicable causado por el tráfico jurídico en Internet.

Abstract

The present study aims to demonstrate why legal traffic on the Internet falls under the purview of Private International Law. Therefore, it serves as the appropriate instrument for resolving the conflicts arising from these virtual legal relationships concerning jurisdiction and applicable regulations. Commencing with the background that the nature of the virtual space where the exchange of legally relevant information originates is one in which States, International Organizations, Companies, Private Entities, and users converge, it becomes evident that establishing clear criteria capable of resolving the issues regarding the extent of the legal framework involved and the execution of judicial decisions stemming from the constant flow and exchange of information generated by these entities within the virtual space is not a straightforward task. This complex situation involves the creation, modification, and termination of rights and obligations at a remarkable pace through technological instruments, resulting in an unclear determination of the most suitable legal discipline for addressing this challenge. The global nature of the virtual space and the potential involvement of different justice operators and their decisions have far-reaching worldwide ramifications, compelling other countries to adhere to the imposed measures. This challenge epitomizes the quintessential issue within Private International Law. Consequently, this paper seeks to establish that given its inherently conflictual nature, a qualitative and explanatory study utilizing contemporary doctrinal and normative approaches, coupled with an apodictic analysis of a real case, such as Google Inc. vs Equustek Solutions Inc., can demonstrate the aptness of Private International Law in resolving this intricate matter.