2017

Nicolae Dragoş COSTESCU, Associate Professor, Ph.D., Faculty of Law, University of Bucharest, Theories on Competent Jurisdiction on the Internet

Abstract: The term “cyberspace” hasalwaysraised issues regarding the concept of jurisdiction, which is characterized by certain particularities, which indicates that we are dealing with a space where crimes and offenses can be committed very easily. Since it is a virtual space that operates and is used worldwide, this means, on the one hand, that crimes are difficult for authorities to detect and, on the other hand, even if they are detected, it is always very difficult to investigate and prosecute them, given the sovereignty of each state. And no matter which theory we apply—whether the theory of effects, territoriality, universality, etc.—they all have gaps.

Keywords: jurisdiction, cyberspace, theories.