Prime Example: Fitch v. Wine Express, Online Retailers, and the Need to Reevaluate Personal Jurisdiction in the Age of Amazon

2021 ◽  
Author(s):  
Laura Elizabeth Fisher
Author(s):  
Retselisitsoe Phooko

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.


2014 ◽  
Vol 4 (2) ◽  
Author(s):  
Arun Mishra ◽  
Dr. P. K. Chopra

Internet and its growing usage by young generation in India have changed the way consumers shop and buy goods and services. The Indian retail market is witnessing a revolution i.e. young consumers are playing important role in online shopping and looking towards Internet as a unique platform for selling online. In India the visitors of e-tailing sites are accounted to be 40% of youth population, which comprises of youngsters between 15 to 34 years of age. These visitors are part of Indian Internet Population. Not only metros but tier II and III cities are also attracting online retailers. Brand awareness and gap in demand and supply are the main reasons for popularity of online retailers in small cities like Bhopal in India. The study focuses on factors that online buyers consider while shopping online. Some of the factors identified in this research are; scarcity of time with the buyer, availability of payment options like COD, variety of products availability, product pricing, discounts and offers etc. The data is collected using a questionnaire on the sample of 100 people in the age bracket of 15 to 60 years and percentage analysis is done for analyzing the collected data.


2016 ◽  
Vol 1 (3) ◽  
Author(s):  
Noorriati Din ◽  
Lennora Putit ◽  
Muhammad Naqib Mohd Noor

Having an attractive and innovative web design could serve as a basis for both offline and online retailers to provide detailed information towards satisfying potential buying intention amongst online shoppers, and subsequently contribute traffic flow to the intended website. This study revealed that both graphic design and social cues attributes were found to have a positive and significant relationship with customer loyalty. Given the valuable experience to the site, the aim of this study is to investigate the extent to which website design attributes affects customer loyalty towards a particular brand or product.© 2016. The Authors. Published for AMER ABRA by e-International Publishing House, Ltd., UK. Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies, Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, MalaysiaKeywords: Website design; social cue design; grahic design; customer loyalty


2021 ◽  
pp. 097226292110112
Author(s):  
Biranchi Narayan Swar ◽  
Rajesh Panda

The growth of online retailing has created an opportunity to create a scale specifically for online retail services. At the same time, the increasing rate of internet penetration in India coupled with electronic banking and wallets has formed new market place for many online retailers. In this context, to gain competitive advantage, the online retailers should provide better service quality. Thus, the present research tries to know the various constructs of retail service quality (RSQ) in online format and develop a measurement scale. The study has borrowed the constructs from ‘Retail Service Quality’ (RSQ) and ‘Technology Acceptance Model’ (TAM). For this purpose, we collected data from 600 respondents. The scale has been confirmed and validated by using CFA. The study confirmed that online RSQ (ORSQ) scale consists of four constructs: ‘Ease of Use’, ‘Problem Solving’, ‘Policy’ and ‘Reliability’ with 18 variables. The article has concluded and validated a scale for ORSQ which can help the online retailers to design their service offering. The implications of the ORSQ scale for practitioners, as well as for future research, are discussed in this article.


Sign in / Sign up

Export Citation Format

Share Document