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Books > Law > International law > Public international law > International economic & trade law
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E-Commerce Law - National and Transnational Topics and Perspectives (Hardcover)
Loot Price: R1,879
Discovery Miles 18 790
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E-Commerce Law - National and Transnational Topics and Perspectives (Hardcover)
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To the contention that the advent of electronic commerce demands a
near-complete jettisoning of existing laws affecting business
transactions, the authors of the essays in this book answer: not
so. Rather, the resolution to the challenge lies in the combination
of existing legal elements from heretofore disparate disciplines,
and the creation from these elements of a new field of legal
principle and practice, a field that will nonetheless overlap with
classical commercial law. Perhaps the most significant feature of
this emerging body of law is that it is necessarily transnational,
as e-commerce cannot be contained within national borders. Although
there is a general consensus that "what holds off line, holds on
line", there are circumstances that give rise to legal issues
peculiar to the information technology environment. These essays
deal with some of these issues and other relevant matters,
including the following: the country-of-origin principle in EU law;
variations in national implementations of the European Directive on
electronic signatures; civil liability of Internet service
providers; negligence, damage, defective products, culpable
wrongdoing and other tort issues in an on-line context; defining
the moment of effectiveness of an e-mail notice; "good faith and
fair dealing" on-line; the Internet as a zone of "socially
responsible spontaneity"; protection of databases - how much is too
much?; international private law issues in business-to-consumer
disputes; and redefining the separate realms of litigation, legal
advice and rule-making as e-commerce grows in the years to come.
This book elaborates and updates a staff exchange that took place
in 2001 among legal scholars from the Universities of Oxford and
Leiden. Its insights represent some of the best-informed thinking
on the legal aspects of this all-pervasive feature of contemporary
society.
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