Electronic Transferable Records: A Gap in Qatari Law That Urgently Needs Filling

2021 ◽  
Author(s):  
Nisreen Mahasneh
Keyword(s):  
International Trade ◽  
United Nations ◽  
Electronic Commerce ◽  
Electronic Signatures ◽  
Electronic Transfer ◽  
The United Nations ◽  
Model Law ◽  
Trade And Investment

Abstract Qatar has sought to encourage the development of international trade and investment through advancements in its law. In light of the growing importance of electronic operations, it has adopted the United Nations Commission on International Trade Law’s (UNCITRAL) model laws on electronic commerce and electronic signatures. However, they alone are insufficient to respond fully to the present-day needs of international trade. An area in which Qatari law is still wanting is the electronic transfer of records that originated on paper. This article assesses the extent to which current Qatari legislation relating to the assignment of rights, bills of lading, and commercial papers is suited to the transfer of such records by electronic means and identifies aspects on which it falls short. To fill this gap, Qatar should adopt the 2017 UNCITRAL Model Law on Electronic Transferable Records and ensure that it is applied as widely as possible, internally, internationally, and in civil and commercial dealings.

THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS AT TEN: PRACTICAL RELEVANCE AND LESSONS LEARNED

2016 ◽  
Vol 3 (1) ◽  
pp. 132-152
Author(s):  
Luca G Castellani
Keyword(s):  
United Nations ◽  
Electronic Commerce ◽  
Lessons Learned ◽  
Electronic Communications ◽  
Electronic Signatures ◽  
Trade Law ◽  
Commerce Law ◽  
United Nations Convention ◽  
The United Nations ◽  
Model Law

The United Nations Commission on International Trade Law prepared the first global treaty specifically devoted to electronic commerce law, the United Nations Convention on the Use of Electronic Communications in International Contracts. That treaty builds on the highly successful UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This article describes the main goals of the Electronic Communications Convention and its scope of application. In particular, it illustrates how that Convention may fully enable the use of electronic means under other widely adopted treaties such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United Nations Convention on Contracts for the International Sale of Goods. The article also describes the main substantive provisions of the Electronic Communications Convention, in particular clarifying how that Convention updates and completes the provisions of the UNCITRAL Model Law on Electronic Commerce. This Model Law is the backbone of electronic commerce law in numerous countries and a de facto legislative standard insouthern Africa. Finally, the article describes the manner (or patterns) in which the adoption of the Electronic Communications Convention takes place. It stresses that, while the Convention is often used as a source of inspiration for domestic law reform, in order for it to achieve all its intended goals, its formal adoption as a treaty is necessary. The final message is therefore a call upon all states to consider the adoption of that Convention in order to support the broader use of electronic means, especially in the light of the implications for economic development and the promotion of paperless trade.

Consolidating International Investment Law: The Mega-Regionals as a Pathway towards Multilateral Rules

2017 ◽  
Vol 17 (1) ◽  
pp. 33-63 ◽  
Author(s):  
TANIA VOON
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Investment ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Investment Law ◽  
The United Nations ◽  
Trade And Investment

AbstractPessimism abounds in international economic law. The World Trade Organization (WTO) faces an uncertain future following its Ministerial Conference in Nairobi in 2015. International investment law is under attack in countries around the world, while mega-regional agreements such as the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership are beset by world events, from the United States’ federal election to the unexpected Brexit outcome. Yet the appetite of numerous States to continue forging plurilateral trade and investment deals provides some cause for hope. Viewed alongside other institutional developments including consensus-building work at the United Nations Conference on Trade and Development and the United Nations Commission on International Trade Law, the potential arguably now exists for credible movement towards multilateral rules in investment law. While the WTO's current negotiating stalemate highlights the difficulties in reaching agreement among 164 Members, international trade law offers lessons for working towards multilateralism in the international investment law field. Alongside informal discussions about a world investment court, mega-regionals provide a vehicle for future multilateral investment rules, particularly through the Comprehensive Economic and Trade Agreement between Canada and the European Union, and the Regional Comprehensive Economic Partnership currently under negotiation in Asia.

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