Book contents
- Frontmatter
- Contents
- Acknowledgements
- Table of Cases
- Table of statutes
- 1 The law of electronic commerce
- 2 The rule of cyberspace
- 3 Electronic commerce and the law of contract
- 4 Shrinkwrap, clickwrap and browsewrap contracts
- 5 Electronic signatures
- 6 Copyright issues in electronic commerce
- 7 Electronic commerce – trade marks, patents and circuit layouts
- 8 Domain names
- 9 Domain name disputes
- 10 Uniform domain name dispute resolution policies
- 11 Jurisdiction in cyberspace
- 12 Defamation in cyberspace
- 13 Privacy and data protection in cyberspace
- 14 Electronic mail and online presence
- 15 National electronic surveillance
- 16 Cybercrime
- 17 Evidence of electronic records
- 18 Censorship – Broadcast and online content regulation
- 19 An international perspective
- Appendix A Electronic Transactions (Victoria) Act 2000
- Appendix B UNCITRAL Model Law on Electronic Commerce
- Appendix C Selected provisions Copyright Act 1968 (Cth)
- Appendix D ICANN Uniform Dispute Resolution Policy (UDRP)
- Appendix E .au Dispute Resolution Policy (auDRP)
- Appendix F National Privacy Principles
- Index
- References
19 - An international perspective
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Acknowledgements
- Table of Cases
- Table of statutes
- 1 The law of electronic commerce
- 2 The rule of cyberspace
- 3 Electronic commerce and the law of contract
- 4 Shrinkwrap, clickwrap and browsewrap contracts
- 5 Electronic signatures
- 6 Copyright issues in electronic commerce
- 7 Electronic commerce – trade marks, patents and circuit layouts
- 8 Domain names
- 9 Domain name disputes
- 10 Uniform domain name dispute resolution policies
- 11 Jurisdiction in cyberspace
- 12 Defamation in cyberspace
- 13 Privacy and data protection in cyberspace
- 14 Electronic mail and online presence
- 15 National electronic surveillance
- 16 Cybercrime
- 17 Evidence of electronic records
- 18 Censorship – Broadcast and online content regulation
- 19 An international perspective
- Appendix A Electronic Transactions (Victoria) Act 2000
- Appendix B UNCITRAL Model Law on Electronic Commerce
- Appendix C Selected provisions Copyright Act 1968 (Cth)
- Appendix D ICANN Uniform Dispute Resolution Policy (UDRP)
- Appendix E .au Dispute Resolution Policy (auDRP)
- Appendix F National Privacy Principles
- Index
- References
Summary
International organisations, particularly trade organisations, were among the first to recognise the significance of the electronic commerce revolution and the corresponding need to provide rules and guidance. Several of these organisations' responses have become international practice or law. The number and extent of organisations studying, reporting and implementing plans in relation to electronic commerce is astonishing. This chapter briefly examines some of the many electronic commerce policies implemented by selected international organisations.
As the methods and means of trading evolve in a changing technological and social environment, traders must meet the needs and demands of ever-developing communities. International trade has to deal with distance, varying modes of shipping, packaging, containerisation and time delay as well as different languages, customs, laws and infrastructure. Commercial parties must adjust to new modes of communication, and new industry practices. Banking practices, in particular, have become more sophisticated. In all fields, documents no longer have to be physically delivered and the requirement for written documentation to establish bona fides is diminishing.
Electronic commerce is by its nature ‘international’. This means that the laws of one nation state will impact on those of others; that impact will vary according to each particular nation's place and importance in the world of international trade. Electronic commerce, as we have seen, raises questions regarding a number of issues: the security of transactions, standards, protection of intellectual property, taxation, trade law, privacy and many others.
- Type
- Chapter
- Information
- The Law of Electronic Commerce , pp. 330 - 347Publisher: Cambridge University PressPrint publication year: 2009