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... 1 Definition e-commerce
A number of organisations have provided definitions of electronic commerce:
“The buying and selling of products and services by businesses and consumers over the internet”. ... 2 Why regulate e-commerce?
The explosive growth of electronic commerce conducted via the internet is leading to changes in the ways that people conduct their lives and provoking interest by businesses and governments alike. ... The legal foundation for e-commerce raises questions and uncertainties concerning the validity, legal effect and enforceability of transactions conducted electronically. ...
In this new electronic commerce environment, conventional business practices and institutions could largely disappear and be replaced by electronic service providers and virtual marketplaces where traders seek out the best suppliers and prices. However, it is important to recognise that electronic commerce is only another method of doing business. ...
The problems set out below are generic to electronic commerce :
1. Certainty
A global legal framework is required to support electronic commerce on a global basis to give both buyer and seller certainty in their electronic trade transactions regardless of jurisdiction.
Existing national and international trade laws and conventions may disadvantage electronic commerce and needed to be reviewed to take full account of the new environment. ... The application of a definitive standard to provide for reliable, user-friendly and trouble-free messaging will be vital to the long term success of the international electronic commerce. ... 3 Players in the legal infrastructure
There appears to be universal agreement that for electronic commerce to flourish there needs to be a global regulatory framework which maximises both opportunities and freedoms for business. ... The players in development of the legal and regulatory infrastructure are for example :
UNCITRAL:
1996 Model Law on Electronic Commerce
2001 Model Law on Electronic Signature
EC:
1999 Electronic Signature Directive
2000 Electronic Commerce Directive
APEC/ ASEAN:
1998 APEC Electronic Commerce Task Force
2000 e-ASEAN Framework Agreement
Several Bilateral efforts covering the following issues:
- co-operation between law enforcement authorities;
- delivery of governments services through e-commerce;
- no custom duties on electronic transactions;
- co-operation on tax matters to prevent tax evasion and avoidance;
- electronic authentication and electronic signatures;
- intellectual property rights;
- consumer protection.
WTO
1998 declaration on global electronic commerce
2001 Doha Ministerial Declaration
algemene opinie. ... propose that the additional trade potential of electronic commerce is presently only partly realised and that the full benefit of electronic commerce can only materialise through an e-commerce initiative of the WTO. Because of the fact that the existing WTO-Treaties have significantly contributed to the development of E-Commerce, In this paper I will
1.4 The multilateral trading system
There is an agreement among Governments that the international and domestic regulation of commerce has been, and will continue to be, dealt with in various international forums. The World Trade Organisation stresses that the various forms of electronic transactions comply with its rules an regulations and that Member States must take cognisance of their WTO commitments in formulating their domestic e-commerce policy. The Multilateral Trading System (MTS) is embodied in the WTO, which comprises 136 member nations and is the only international body dealing with rules of trade between nations. In dealing with an e-commerce MTS, the concerns that should be addressed are market access for products conducive to e-commerce, issues linked to customs valuation, import licensing, rules of origin, technical barriers to trade and tariff concessions and classification of e-commerce transactions . ... 1 Introduction WTO
The World Trade Organisation (“WTO”) was established in 1994 as the successor intergovernmental institution to the General Agreement on Tariffs and Trade (“GATT”). As an institutional body, the WTO administers the consultations, negotiations, and dispute settlement activity for over 140 Member countries. Although the WTO is an organisation composed of governments, history demonstrates that these governments predominantly act only at the behest of their constituents and non-governmental actors, including companies, labour groups, and consumers.
The WTO Agreement and its subsidiary agreements contain detailed rules applicable to trade in goods, trade in services (including investment), the protection of intellectual property, and the resolution of disputes.
WTO rules constitute international law that must be implemented into the domestic laws, regulations and practices of over 140 countries. Thus, WTO rules directly affect the domestic legal and regulatory environment in which private companies operate. ... 2 E-commerce in the WTO
At the WTO Ministerial Conference in May 1998 two actions were decided dealing with e-commerce issues. First, the WTO-ministers approved the wording of a text that practice of a temporary duty-free moratorium on electronically delivered transaction would be continued. ...
Secondly, the relevant councils of the WTO were commissioned to develop a work programme covering all trade-related aspects of e-commerce. ... 1 Work Programme
WTO Members agreed in July 2000 to re-evaluate the Electronic Commerce Work Programme in advance of further work in the area. The Programme originally provided that the primary WTO intergovernmental groups for goods, services, and intellectual property would study a range of e-commerce issues as they relate to WTO rules in their respective areas .
The following is a summary of the main points which emerge from these reports and from a dedicated discussion on e-commerce issues held under the auspices of the General Council on June 15, 2001 :
· WTO Members Governments identified three types of transactions on the internet:
1.
Approximate Word count = 4257
Approximate Pages = 17
(250 words per page double spaced)
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