The limits of jurisdiction in the technological era and international co-operation in the effectiveness of fundamental rights

Abstract

This paper examines how the advent of the technological society has reshaped the traditional limits of jurisdiction, focusing on disputes that arise in virtual environments and exploring the role of international co-operation as an ally in enforcing fundamental rights, such as access to justice. It first revisits the concept of jurisdiction and its contours, emphasising that each sovereign State is autonomous in exercising jurisdiction within its territory. It then shows how the expansion of the Internet has transformed relationships between parties and broadened territorial competence for hearing and deciding cases. The study also approaches international co-operation as an alternative for resolving conflicts of competence between two sovereign States, demonstrating that concurrent international jurisdiction can be overcome to achieve greater effectiveness of fundamental rights at the international level. The research addresses two core questions: (1) How are the limits of jurisdiction characterised in the face of technological expansion? (2) How can international co-operation assist in resolving concurrent international jurisdiction to ensure the effectiveness of judicial decisions and fundamental rights? Deductive and comparative methods are employed through bibliographic and documentary analysis. Finally, the paper demonstrates how concurrent international jurisdiction over a dispute can be surpassed through international co-operation, promoting the effectiveness of fundamental rights without infringing the sovereignty of each jurisdiction when disputes arise in virtual settings.