International Business Law: E-business

Résumé du document

With the advent of information technology and particularly the Internet, the context of international trade and commerce has been greatly transformed. The businesses that have conventionally been conducted through a classical approach are being carried out electronically today. This revolution has been broadly termed as e-commerce and e-business. Along with all the facilities and conveniences that the ecommerce brings to businesses as well as the consumers, it also precipitates several problems for both the parties. It is a fact that e-commerce has successfully removed geographical impediments and limitations to buying and selling. However, due to the same reason, there lies considerable confusions and misunderstanding pertaining to the laws and regulations to be followed in the course of international trade via the Internet.

Extraits

[...] This modernist or radical view of approaching cyber laws proposes that Internet, being unique in it, requires a distinct legislation that could lead to better regulation of electronic commerce. It also necessitates coordination between technologists and legislators in process of law making so as to identify and curtail the possible loopholes that could be utilized towards the exploitation of law. This can significantly enhance the effectiveness of international laws in the context of ecommerce. References “CISG United Nations Convention on Contracts for the International Sale of Goods (1980) Pace Law School Institute of International Commercial Law. June December 2006. [...]

[...] It refers to the capability of a party to sue an Internet business in the court of its choice. Since ecommerce is proliferated across the globe and confronts with varied laws and regulations in different countries, the choice of a jurisdiction always remains an issue. Ecommerce has aroused several issues pertaining to the terms of international trade encompassing the World Wide Web, in particular, the matters relevant to contract. Parties engaged in ecommerce confront difficulties in forming a legally binding contract due to varying jurisdictions and national laws. [...]

[...] A breach of contract will occur if the seller fails provide the buyer with the agreed upon goods. According to the convention of CISG (article the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter”. A seller will also be liable for his non-performance of contract if he fails to provide the products of same specifications as that in the contract. [...]

[...] Two of these conventions viz. UN Convention on Contracts for the Sale of Goods 1980 and United Nations Convention on the Use of Electronic Communications in International Contracts 2005 are considered to be the most significant laws accepted and enforceable across several Contracting countries like United States, Germany, Australia etc. International laws on validity and breach of ecommerce contracts United Nations Convention on Contracts for the Sale of Goods 1980 and United Nations Convention on the Use of Electronic Communications in International Contracts 2005 both provide laws and regulations concerning the electronic contracts and their status in the eyes of law. [...]

[...] The lawmakers should refrain from showing a tendency of applying the traditional contract laws to the online businesses. There should at the least be acknowledgement of the essential features of contract as applicable to the ecommerce laws so as enhance the protection for etraders. Another solution peculiar to the ecommerce law is the provision of maximum protection to the consumer. Because it is generally the case in ecommerce that consumers remain less aware of suppliers' information as compared to the conventional trade, the Internet environs continue to remain insecure for the consumers. [...]