Font Size: a A A

International Conflicts Of Interest And The Building Of International E-commerce Legal System

Posted on:2009-06-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:P GuoFull Text:PDF
GTID:1116360272955015Subject:International relations
Abstract/Summary:PDF Full Text Request
This thesis researches how interest conflict influences the constitution of international E-commerce legal system with a study method that combines the international relation theories and the jurisprudence theories.The US argues that digitally-delivered content products should be classified under GATT in the WTO Work Program on E-commerce, but EU and other countries argue that should be classified under GATS which is less liberal. The US advocates to codify the current practice of not levying customs duties on digital products trade, nevertheless, EU and other countries disagree with it.The legislators of various countries have significant discretion with regards to the implementation of WIPO Internet Treaties' provisions on technological measures protection. The regional or national legal frameworks of intellectual property powerful states such as EU, US and Japan have gone beyond the protection level stipulated by the WIPO Internet Treaties. Some other developed countries have no powerful content industry and will not adopt high protection level as well as developing countries.US Treasury's advocacy of residence-based internet taxation has been rejected by other countries of the world. The developing countries do not have much bargaining power to influence a tax treaty. Recently, US appears to be consistent with the OECD's new server/PE rule, it makes OECD to be informal "world tax organization".US courts have developed a targeting approach to personal jurisdiction in the E-commerce context which can minimize the possibility of been sued in foreign jurisdiction for American enterprise. Nevertheless, as E-commerce consumption countries, EU has expanded country-of destination approach. These two opposite standpoint make it difficult for Hague Convention to be adopted.E-commerce concerns significant interest of various countries, therefore interest is the basic consideration in the e-commerce international legal system constructing.
Keywords/Search Tags:E-commerce, international legal system, conflict of interest
PDF Full Text Request
Related items