Topic > Doctoral Proposal - 899

Is it true that, despite technological development, e-commerce is still legally a gray area? The use of modern means of communication such as electronic mail and electronic data exchange for the purposes of international business transactions has been increasing rapidly. With the development of information technology and the increasing accessibility of the Internet around the world, international trade is expected to soon change its traditional way of doing business. However, this development may be hindered by the lack of a globally accepted means of using the Internet to create a contract and make payments. Businesses may encounter legal difficulties because they are completely unaware of some of the legal issues inherently associated with e-commerce, such as the requirement to use "written", "signed" and "original" documents. The formation of electronic contracts affects consumers and businesses engaged in international trade. While most consumers enjoy the security of national consumer protection laws that protect them from erroneous, incomplete, or fraudulent computer transactions, business entities have different legal resources regarding their transactions. Recourse remedies differ based on the international jurisdictions of the parties involved in the transaction. These complications leave business entities wondering what laws govern international sales transactions. Where does the line begin between informal communication of an offer and formal acceptance? On which partisan laws would a legal judgment be based? Could everyday business activities create a binding contract? Do documents and digital signatures have legal value? Are they original, reliable, safe, secure and evidentiary or not?. Al......middle of paper......and the controversy over multiple jurisdiction”, (2001), International Trade Law & Regulatory, 7.Wang Minyan, “Electronic signature regulations facilitate international electronic commerce ? A critical review”, (2008), Computer Law & Security Report, 23. United Nations Commission on International Trade Law (UNCITRAL) websites: www.uncitral.org UNCITRAL Model Law on Electronic Commerce: http://www.uncitral .org/uncitral/ en/uncitral_texts/electronic_commerce.html United Nations Commission on International Trade Law on the Use of Electronic Communications in International Contracts: http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/2005Convention. htmlUNCITRAL Model Law on Electronic Signatures with Guide to Enactment: http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/2001Model_signatures.html