Published online by Cambridge University Press: 05 September 2025
Chapter 8 explores the potential of smart courts to enhance transnational access to justice in an increasingly interconnected world. The chapter highlights the jurisdictional complexities, such as identifying competent courts and handling conflicts of jurisdiction, and discusses how AI and technology can assist in these areas. It also addresses the challenges in determining applicable law, verifying the identity of foreign litigants, cross-border electronic service and collecting digital evidence abroad. The chapter delves into the difficulties of cross-border virtual hearings, including time zone differences, legal restrictions on video transmission, sovereignty concerns and data protection challenges. Additionally, it examines the enforcement of foreign electronic judgments and the role of technology in international asset tracing and smart contract enforcement. While technology holds promise for improving transnational access to justice, the chapter concludes that significant obstacles remain, including issues of sovereignty, mutual trust and stringent data transfer regulations, which require international cooperation and harmonization of legal standards to overcome fully.
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