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  • Essay / Doctoral proposal - 899

    Is it true that despite technological development, electronic commerce legally remains a gray area? The use of modern means of communication such as electronic mail and electronic data interchange for the purpose 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 soon expected to change its traditional way of doing business. However, this development may be hampered by the lack of a globally accepted way to use the Internet to create a contract and make payment. Businesses may encounter legal difficulties because they are completely unaware of some of the legal issues inherently associated with e-commerce, such as requiring the use of "written", "signed" and "original" documents. The formation of electronic contracts affects consumers and businesses engaged in international commerce. While most consumers benefit from the security of state consumer protection laws to protect them from incorrect, incomplete, or fraudulent computer transactions, business entities have different legal resources at their disposal to manage their transactions. Remedies differ depending on the international jurisdictions of the parties to the transaction. These complications lead business entities to wonder what laws govern international sales transactions. Where does the line between the informal communication of an offer and its formal acceptance begin? On the laws of which party would a legal judgment depend? Could daily business activities create a binding contract? Are digital documents and signatures legally valid? Are they original, reliable, secure, protected and conclusive or not? Al...... middle of paper ...... and the controversy over multiple jurisdictions", (2001), International Trade Law and Regulation, 7. Wang Minyan, "Regulations on electronic signature facilitate- international e-commerce? A review critique”, (2008),Computer Law & Security Report, 23.WebsitesUnited Nations Commission on International Trade Law (UNCITRAL):www.uncitral.orgUNCITRAL Model Law on Electronic Commerce:http://www .uncitral.org/uncitral/en/uncitral_texts/electronic_commerce.htmlUnited 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