of technology neutrality, it means more than just allowing e-communications to be valid and enforced in court. It means that the law should not promote one technology over another and thus block innovation and the development of new methods. Party autonomy must also be respected. The parties involved in e-commerce should be left to determine between themselves the most appropriate rules and standards that should apply to their e-commerce relationships.
The legal system of a state has the potential to either foster or stymie the growth of e-commerce. The main areas of law that have a major impact upon e-commerce are the following;
Customs and Taxation Contract formation Regulation of communications E-payment systems Commercial law Intellectual Property Protection Privacy and Security – Authentication, Encryption and Data Protection Communications Infrastructure Information Technology Content Jurisdiction Liability Consumer Protection
The World Trade Organisation stresses the need, in addition to those concerns listed above, for global measures on access to e-communication systems, trade liberalisation and public procurement. The World Bank has identified the need for investment protection rules, open markets in information and communication and education policies that favour skilled labour over unskilled labour. Thus英语论文网 【http://www.51lunwen.org】, there may be a core of e-commerce related issues that are internationally accepted. However, a number of areas are not universally accepted as being within the purview of e-commerce. Additionally, e-commerce does not exist in a legal vacuum. E-commerce will only grow with effective legal rules, combined with public policy initiatives, socio-economic developments, private sector involvement and initiatives and an e-commerce friendly taxation system.
Miscellaneous issues
Financial Services New technology provides a fantastic opportunity for the provision of financial products and services via cyberspace. The products tend not be physical products and are ideally suited to distance selling. E-commerce is the ultimate form of distance selling. The seller and buyer can be thousands of miles apart and can still lawfully contract.
Competition Since the internet and new technologies are a modern phenomenon, the rules applicable to e-commerce are in their infancy. It is almost akin to the wild west of America in the 19th Century. It is the e-frontier. Because the industry is emerging, companies tend to argue that the market place is a free for all and thus not subject to the constraints of established markets. Additionally, there may be great profits to be made by the initial companies to enter the new market, but this may be at the expense of t
本文来自:英语论文网 【http://www.51lunwen.org】 |