Font Size: a A A

On The New Trend In The Development Of E-commerce Legal System

Posted on:2002-12-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:R Z LinFull Text:PDF
GTID:1116360032456253Subject:International Law
Abstract/Summary:PDF Full Text Request
Usually, the developments of law are originated from certain social needs. To find out the needs, then, becomes the foundation work for this study. First of all, this study starts its analysis regarding the major driving force affecting the international trade law development, including those core developments driven under the auspices of United Nation, WTO and other major countries or regions. On the other hand, the newly development in the field of digital technology as well as the theory of information economy are also emphasized for its significant influence to the trend of international trade law reform. In additions, while the development originated from the electronic technology as well as the information economy brings us with the new industrial revolution, the traditional foundation where the international trade law system basing on was also changing. Then, it becomes important to start the study from realizing the way and extent those fundamental legal principles and all kinds of the trade customs are affected. However, the impact of those social needs casting on the traditional legal system are not absolute nor completely. Therefore, the study would try to find out the insufficiency the traditional legal system so as to define the scope of study. In this regard, the EDT experiences will be taken as a foundation to examine on the contemporary electronic trade related legal issues, including the background and the evolution of EDT, the contractual relationship among EDI parties and etc., so as to provide us with a better vision when looking into the future needs of electronic trade law. Basically, the incoming issues following the development of EDT related electronic trade law are surrounded by the themes of electronic contract and internet transaction, including the satisfaction of written requirement, electronic signature, jurisdiction and etc.. Next to the original legal development driven by the traditional EDT environment, the contexts of those issues have been further extended II to the civil law area. Basically, some fundamental impacts to the traditioual civil law are feasible. Finally, the dispute settlement mechanism is one of undividable part of a legal system. Actually, both the jurisdiciion and evidence issues have long been the main issues afloat in the international society when dealing with the electronic transaction issues. Therefore, the dispute settlement is also included in the final part of this study.
Keywords/Search Tags:Contract, International Trade Agreement, InternationalTrade Law, Electronic Data Interchange, EDI Electronic Contract, Electronic Commerce,Jurisdiction.
PDF Full Text Request
Related items