scholarly journals Blockchain-Based Smart Contract: Advancing Digital Consumer Protection and Preventing Private International Law E-Commerce Cases

2021 ◽  
Vol 10 (3) ◽  
pp. 354
Author(s):  
Tresnawati Tresnawati ◽  
Angelina Marlina Fatmawati

<em>Blockchain has functioned as a ledger that decentralizes controls with immutable and irreversible character and have the potential to overcome the deficiency of traditional contracts, especially in today’s digital era such as the e-commerce industry. Unfortunately, although famous to be used for blockchain and smart contracts have not been applied widely in Indonesia and there is no regulation that specifically regulates the use of blockchain technology and smart contracts. This article will analyze the application of smart contracts to escalate consumer rights in e-commerce services. This research showed that the self-executory characteristic of smart contracts helps the consumer to have an equal bargaining position with businesses actors in determining the contents of the contract. In response to those curative efforts, the smart contract will be advantageous as a preventive scheme for PIL cases. The self-executory character of the smart contract will prevent many PIL cases which are potentially occurred. The immutable nature of blockchain records will also be helpful for any dispute settlement scheme. This might be led to the tendency that international e-commerce cases should not be litigated or to be set for an arbitration tribunal. Those international e-commerce cases might not require settlement of judicative branch and may be settled at the administrative level. Consequently, this would create a more effective and efficient settlement, both in time and money. Those advantages have made blockchain-based smart contracts will be prospective in Indonesia, in the upcoming future</em>

Author(s):  
S R Mani Sekhar ◽  
Siddesh G M ◽  
Swapnil Kalra ◽  
Shaswat Anand

Blockchain technology is an emerging and rapidly growing technology in the current world scenario. It is a collection of records connected through cryptography. They play a vital role in smart contracts. Smart contracts are present in blockchains which are self-controlled and trustable. It can be integrated across various domains like healthcare, finance, self-sovereign identity, governance, logistics management and home care, etc. The purpose of this article is to analyze the various use cases of smart contracts in different domains and come up with a model which may be used in the future. Subsequently, a detailed description of a smart contract and blockchain is provided. Next, different case-studies related to five different domains is discussed with the help of use case diagrams. Finally, a solution for natural disaster management has been proposed by integrating smart contract, digital identity, policies and blockchain technologies, which can be used effectively for providing relief to victims during times of natural disaster.


2019 ◽  
Vol 18 (3) ◽  
pp. 695-712
Author(s):  
Chao Wang

Abstract The invocation of national security exceptions under Article XXI of the General Agreement on Tariffs and Trade (GATT) 1994 has long been viewed as “self-judging”. In the landmark case of Russia—Measures Concerning Traffic in Transit, the panel of the WTO’s dispute settlement body (DSB) addressed two important but previously considered ambiguous issues. First, the Panel confirmed its jurisdiction to review its members’ invocation of Article XXI of GATT 1994. Second, offering a detailed interpretation of Article XXI, especially paragraph (b) and its subparagraph (iii), the panel distinguished the objective requirements from the self-judging features, and held that it has the jurisdiction to determine whether the objective requirements of Article XXI have been satisfied when a member invokes the national security exception, and the member’s discretion is also expected to be limited by its good faith obligation, which, as an established principle of international law, shall apply to both the member’s definition of the essential security interests and its connection to the measures being taken.


2016 ◽  
Vol 18 (3-4) ◽  
pp. 183-222
Author(s):  
Attila Tanzi

The main focus of the present article is on the entanglement between four bodies of international law sensitive to foreign investment in the creation and/or operation hydroelectric industry: i.e. international investment law, human rights law, international water law and private international law to the extent that public international law rules on conflict of laws on civil liability for transboundary damage are concerned. This horizontal approach to the analysis is supplemented by a vertical one looking at the interactions between international and domestic law. Consideration of the different bodies of international law in question is associated to that of the adjudicative, and non-adjudicative, means of dispute settlement available under each such bodies of law. On that score, the role of the foreign investor in a litigation scenery will be considered, primarily as claimant, but also, prospectively, in relation to the situation in the State hosting the investment is, or may become, respondent in inter-State litigation.


Legal Concept ◽  
2019 ◽  
pp. 54-60
Author(s):  
Nizami Safarli

Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.


2020 ◽  
Author(s):  
Vidhi Pitroda ◽  
Vraj Shah ◽  
Jinan Fiaidhi

In recent years blockchain technology has become mainstream research topic because of its decentralized, peer to peer transaction and anonymity properties. There are several applications of blockchain which are secure and easy as compare to the current techniques. One of the applications is a smart contract. Smart contracts are lines of code which are stored on a blockchain and automatically executed when the conditions defined by the it (developer) are met. This smart contract with the addition of blockchain technology can do task fast and with high security. In this paper we have developed a smart contract for a generalized notary application on solidity, Ethereum and the application is tested using the truffle suite. Furthermore, applications and their methodology for notary applications are also mentioned.


Author(s):  
Nicolás Sánchez-Gómez ◽  
Jesus Torres-Valderrama ◽  
Manuel MEJÍAS RISOTO ◽  
Alejandra GARRIDO

One of the key benefits of blockchain technology is its ability to keep a permanent, unalterable record of transactions. In business environments, where companies interact with each other without a centralized authority to ensure trust between them, this has led to blockchain platforms and smart contracts being proposed as a means of implementing trustworthy collaborative processes. Software engineers must deal with them to ensure the quality of smart contracts in all phases of the smart contract lifecycle, from requirements specifications to design and deployment. This broad scope and criticality of smart contracts in business environments means that they have to be expressed in a language that is intuitive, easy-to-use, independent of the blockchain platform employed, and oriented towards software quality assurance. In this paper we present a key component: a first outline of a UML-based smart contract meta-model that would allow us to achieve these objectives. This meta-model will be enriched in future work to represent blockchain environments and automated testing.


2004 ◽  
Vol 17 (4) ◽  
pp. 815-827 ◽  
Author(s):  
YUVAL SHANY

The MOX Plant award, rendered on 3 July 2003, contributes to elucidation of the right of access to environmental information under the OSPAR Convention. However, the ‘self-contained’ vision of the OSPAR Convention embraced by the majority on the panel – rejecting in effect the relevance of competing international environmental regimes and dispute settlement procedures – deserves criticism. First of all, it leads to the establishment of a more limited right of access to environmental information under the OSPAR Convention than is recognized under other arrangements. It also represents an approach which might exacerbate the fragmentation of an increasingly complex body of international law.


Information ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 257
Author(s):  
Edi Surya Negara ◽  
Achmad Nizar Hidayanto ◽  
Ria Andryani ◽  
Rezki Syaputra

This article is a literature review on smart contract applications in various domains. The aim is to investigate technological developments and implementation of smart contracts in various domains. For this purpose, the theoretical basis of various papers that have been published in recent years is used as a source of theoretical and implementation studies. Smart contracts are the latest technology that is developing in line with the development of blockchain technology. The literature review that we have carried out explains that smart contracts work automatically, control, or document legally relevant events and actions in accordance with the agreements set forth in the contract agreement. This technology is one of the newest technologies that is expected to provide solutions for trust, security, and transparency in various domains. This literature review was conducted using an exploratory approach. This literature review focuses on reviewing frameworks, methods, and simulations of smart contract implementations in various domains.


2021 ◽  
Vol 2021 ◽  
pp. 1-15
Author(s):  
Yan Wang ◽  
Jixin Li ◽  
Wansheng Liu ◽  
Aiping Tan

Throughput performance is a critical issue in blockchain technology, especially in blockchain sharding systems. Although sharding proposals can improve transaction throughput by parallel processing, the essence of each shard is still a small blockchain. Using serial execution of smart contract transactions, performance has not significantly improved, and there is still room for improvement. A smart contract concurrent execution strategy based on concurrency degree optimization is proposed for performance optimization within a single shard. This strategy is applied to each shard. First, it characterizes the conflicting contract feature information by executing a smart contract, analyzing the factors that affect the concurrent execution of the smart contracts, and clustering the contract transaction. Second, in shards with high transaction frequency, considering the execution time, conflict rate, and available resources of contract transactions, finding a serializable schedule of contract transactions by redundant computation and a Variable Shadow Speculative Concurrency Control (SCC-VS) algorithm for smart contract scheduling is proposed. Finally, experimental results show that the strategy increases the concurrency of smart contract execution by 39% on average and the transaction throughput of the whole system by 21% on average.


2020 ◽  
Vol 2 (11) ◽  
pp. 31-39
Author(s):  
Sulistiawati Wati

The development of technology today is used as a benchmark in the advancement of the industrial world where the development of technology has influenced various aspects in the life of today's society. Smart contracts as one form of blockchain technology that resembles a conventional contract can be used to bind agreements between one party and another. One difference between a smart contract and a conventional contract is the smart contract that is stored in the blockchain. With the presence of smart contracts on the blockchain has become one of the most sought-after technologies, because the number of users is high enough for each transaction within the company. In this case various features of smart contracts applications in various worlds, ranging from financial services, life sciences, energy resources and media voting. Smart contracts still pose a lot of challenges that overwhelm the interaction of some Parties, such as users, developers, and organizations built on smart contracts. Smart contracts are essentially a very effective source of problem solvers, where smart contracts on the blockchain make it easy to maintain data security, and save costs and time. In addition, in the absence of third parties strongly minimizes the fraud that is often done by irresponsible parties, this prevents conflicts between parties. Prone to cases of loss of a document is generated because there is no secure storage media. The advent of smart contracts on the blockchain is expected to be a solution to tackle most of the world's commercial and bureaucratic systems.  


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