In the internet plus blockchain virtual flat world, what types of domestic enforcement are territorial or extra-territorial and legal or illegal? While the presumption against extra-territorial application of domestic laws in the hierarchical and sovereign-equality real world is strong, should there be a legal methodological overhaul on the jurisdictional issue? Is there or should there be any differential jurisdictional treatment between cybertorts and cybercrimes, as sanctions are meant to be enforced?
The jurisdictional link could be the mechanical search for core considerations such as (1) substantial connections or (2) legitimate domestic interests or (3) weighing of other considerations. In light of the advance of distributed ledger technology which is inherently cross-border, making complex torts borderless, are there hard-and-fast rules such as "effects" or "domestic public interest" test, or just open-ended and balancing-style functional techniques such as "reasonableness"? Are there precise judicial criteria that can resolve the conflicts of laws issue in the 21stC cyberworld?
Blockchain backed transactions neutralise territorial boundaries, displaces central authorities and distribute cybertorts and cybercrimes (despite the possible international reach of public law). If connectivity is the 21stC "currency" - reflecting a paradigm change, it would also connect players' rights as well as obligations. While crimes are generally statutory, the common law system can incorporate international customs making international crimes enforceable in a domestic system.
The conflicts of law rule evolved in the pre-global world does not quite fit in with the contemporary global world. A global reinterpretation of the conflicts of laws rule in the 21stC global world has become an urgent legal problem. In my view, while the principles of territoriality, nationality, passive personality and protection have become less relevant in the Internet plus blockchain global virtual world, a scale-up universality principle could become that single basic norm of the day!