Download Law of electronic commercial transactions : contemporary by Faye Fangfei Wang PDF

By Faye Fangfei Wang

The exponential development of digital utilization in international advertisement transactions has generated capability possibilities in productiveness, facilitated the cross-border unfastened flow of products and repair, and motivated export and import exchange in addition to household sale, yet while, it has ended in new demanding situations to current legislation because of the distinct features and complexities of on-line expertise, tradition and social behaviours. This e-book compares the legislative frameworks of e-commerce within the european, US, China and overseas agencies. It highlights and analyses the most criminal hindrances to the institution of belief and self assurance in doing company on-line. It offers an in-depth study into discovering strategies to take away the boundaries to the validity of digital contracts and signatures, the enforceability of information privateness defense, the choice of web jurisdiction and selection of legislations, in addition to the merchandising of on-line dispute solution. It encourages modernisation and harmonisation of legislation bearing on digital advertisement transactions via well-balanced area-specific foreign tools. legislations of digital advertisement Transactions can be of significant curiosity to lecturers, legislative businesses, practitioners and attorneys within the box of overseas trade.

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However, in an electronic environment, although the speed and efficiency of bills of lading is improved, the challenge is to preserve and secure electronic records that replicate paper data, and to ensure their authentic, unique, and confidential nature so as not to diminish confidence in the information system. In addition it is challenging to implement electronic bills of lading because of the divergent documentary practices of carriers, bankers and shippers. There are a number of international instruments that make efforts in paving the way for the recognition and implementation of electronic transport documents.

26 Introduction The structure of the whole book adopts an ‘obstacles and solutions’ approach. This book first asks what the barriers to electronic commercial transactions are, and answers those questions by finding the solutions. There are eight main obstacles to electronic commercial transactions: 1 2 3 4 5 6 7 8 What constitutes a valid electronic contract? How can electronic battle of forms, automated message systems and errors in electronic communications be dealt with? How can the recognition of electronic signature and authentication be ensured?

Resolving disputes online seems to be logical due to the access to digital evidence and the avoidance of cross-border travel. Such methods are introduced as online dispute resolution (ODR). ODR is the equivalent to electronic alternative dispute resolution and cybercourt, but moving traditional offline dispute resolution and litigation online. It has been a new, challenging and much researched issue since the mid 1990s. Its occurrence will boost confidence in doing business online and will certainly be more efficient than offline methods in cases that have an ‘international’ or ‘cross-border’ factor.

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