scholarly journals LEGAL REGULATION OF ELECTRONIC TRADE IN RUSSIA

2019 ◽  
Vol 7 (2) ◽  
pp. 36-40
Author(s):  
Екатерина Слепченко ◽  
Ekaterina Slepchenko
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Legal Regulation ◽  
Electronic Trade ◽  
Cross Border ◽  
Online Shoppers ◽  
Online Trading ◽  
Dispute Resolution Mechanism

Electronic commerce is a relatively new area of the economy in our country, and therefore it is of great interest for jurisprudence. To carry out productive online trading, it is necessary to take into account the main problems of the online market, such as the lack of legal regulation of e-commerce, the vulnerability of online shoppers, the lack of a dispute resolution mechanism in the pretrial order, an increase in cross-border transactions, etc. prospects for the development of e-commerce in Russia.

Problems and prospects of e-commerce regulation in the EAEU

2021 ◽  
pp. 732-742
Author(s):  
Aleksei Valerievich Bondarenko ◽  
Olga Vladimirovna Evgrafova ◽  
Anton Yurievich Kozhankov ◽  
Valentin Yurievich Vakhrushev
Keyword(s):  
Electronic Commerce ◽  
Imperfect Competition ◽  
The Internet ◽  
Security Threats ◽  
Electronic Trading ◽  
Electronic Trade ◽  
Tax Base ◽  
Cross Border ◽  
Online Trading ◽  
Parent Companies

The rapid growth of online trade leads to a number of problems faced by EAEU member states in the implementation of customs regulation of electronic commerce: reducing the tax base by reducing traditional trade; sending profit fl ows to those countries where the parent companies of online trading platforms are registered; imperfect competition of goods imported duty-free compared to goods produced within the EAEU; the emergence of new security threats due to the actual lack of certification and other restrictions, which actualizes a thorough study of this phenomenon and its timely regulation. The article outlines topical issues of regulating the movement of goods of cross-border electronic trade across the customs border of the EAEU, which make it necessary to amend the Agreement on the Customs Code of the EAEU on cross-border electronic commerce, that is, the content of the draft Protocol on Amendments, according to which "goods for electronic commerce" is understood as goods, acquired by individuals in the framework of foreign electronic commerce, under which, in turn, it is meant to conclude a transaction, one of the parties to which is a foreign economic operator, on electronic trading platforms through the Internet. An analysis of these changes is presented, in particular, the prospect of creating a new legal institution and type of activity in the field of customs regulation — an e-commerce operator, which will provide logistics of operations, as well as ensure interaction with Internet sites and customs, ensuring customs declaration processes. The main requirements for the operator of electronic commerce, the specifics of temporary storage, customs declaration and issuance of electronic commerce goods, the specifics of the application of the customs procedure of the customs warehouse, as well as the procedure for applying customs payments and the prospects for regulating electronic commerce in the EAEU have been determined.

scholarly journals The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines

2013 ◽  
Vol 17 (2) ◽  
pp. 251 ◽  
Author(s):  
Kananke Chinthaka Liyanage
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Online Dispute Resolution ◽  
Consumer Electronic ◽  
Business To Consumer ◽  
Online Consumer ◽  
Dispute Resolution Mechanism ◽  
Regulatory Models ◽  
Made In

Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Consumer Protection in the Context of Electronic Commerce developed by the Organisation for Economic Co-operation and Development in 1999 and the Australian Guidelines for Electronic Commerce in 2006. In addition, the viability of the regulatory approaches of these instruments is explored in the context of online consumer arbitration used for the resolution of cross-border business-to-consumer electronic commerce disputes. In the course of the discussion, some insights on further improvements to these guidelines are also provided.

Analysis of China-Pakistan Cross Border Trade Conflicts Resolution Mechanism

2020 ◽  
Vol 11 (2) ◽  
pp. 382
Author(s):  
Rao Qasim IDREES ◽  
Zaheer Iqbal CHEEMA ◽  
Jawwad RIAZ
Keyword(s):  
Dispute Resolution ◽  
Foreign Investment ◽  
Bilateral Trade ◽  
Research Paper ◽  
Legal Research ◽  
Bilateral Investment Treaty ◽  
Cross Border ◽  
Investment Treaty ◽  
Border Trade ◽  
Dispute Resolution Mechanism

This research paper significantly discusses ‘China Pakistan bilateral investment trade regime’ and the issues relating to dispute settlement as these are considered as high risks to disturb the trade agreements made between Pakistan and China after the huge investment in recent years. Pakistan and China have strong bilateral investment treaty agreements; however, such agreements cannot provide the suitable environment for current bilateral trade and investment, hence required to be amended. In this research authors examine the China Pakistan bilateral investment legal regime and dispute resolution mechanism by way of historical and comparative legal research approaches and considered these as legal risks in the way of foreign investment and the operation difficulties it may encounter. During this study, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. Furthermore, under this research authors maintain the discussion through analytical approach that dispute resolution mechanism prevailing in Pakistan may not be capable to provide required support in favor of Pakistan where international arbitration and trade disputes are still in evolution process and assessed as a barrier in the way of bilateral trade. The objectives of this research are to examine the China Pakistan cross border trade conflict resolution mechanism in depth followed by good social, economic and legal policies for Pakistan. The intention of the researchers through this research is to provide to a stronger, safer and beneficial dispute resolution mechanism towards the socio-economic progress of Pakistan through enhancing the standards of such mechanism.  This research concludes that Free Trade Agreement (FTA) and Bilateral Investment Treaty (BIT) between two countries are obsolete and required many amendments on the account of current investments. To fulfill the objective of current research paper, this study suggests the creation of international commercial court in Pakistan to deal with bilateral investment disputes.

scholarly journals Global Trends of Online Dispute Resolution (ODR) with reference to Online Trade in Pakistan

2019 ◽  
Vol 4 (2) ◽  
pp. 303-311
Author(s):  
Muhammed Danyal Khan ◽  
Serkan Kaya ◽  
Rao Imran Habib
Keyword(s):  
Dispute Resolution ◽  
State Level ◽  
Global Trends ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Online Trading ◽  
Dispute Resolution Mechanism ◽  
Civil Laws ◽  
Alternate Dispute Resolution ◽  
Developed Nations

Online Trading in Pakistan has been rising with every passing day. State level regulation for online trade is inevitable reality. Online trade has systematically entered in Online Dispute Resolution (ODR) System that is the format of Alternate Dispute Resolution System (ADR). Many multi-national vendors such as Amazon and Alibaba are using Online Dispute Resolution mechanism to make the trade efficient and less dependent on conventional remedial systems of Civil Laws and cumbersome procedures of classical courts. Online Trade in Pakistan is a novel idea and is flourishing by every passing day. On the same time, online trade faces issues of dispute resolution. This paper will aim at introducing Online Dispute Resolution (ODR) as a model through case studies of various developed nations and international framework. Moreover, this paper will identify the prospect and limitations of Online Dispute Resolution in Pakistan.

scholarly journals A Note on Resolution of Tax Disputes Arising from DTTs and Implications for Developing Countries

2019 ◽  
Vol 13 (3) ◽  
pp. 495-514
Author(s):  
Aschalew Ashagre Byness
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Vantage Point ◽  
International Taxation ◽  
Double Taxation ◽  
Cross Border ◽  
Compulsory Arbitration ◽  
Dispute Resolution Mechanism ◽  
Key Terms ◽  
Mutual Agreement

Countries sign bilateral double tax treaties (DTTs) to avoid or mitigate double taxation in cross border economic activity. It is hardly possible to ignore the effect of double taxation in the era of globalization. DTTs are signed between two countries to allocate tax jurisdiction between them and to avoid tax disputes between the taxpayer and the country concerned. Nonetheless, tax disputes crop up since such treaties may be open to interpretation at the time of implementation. Hence, DTTs contain tax dispute resolution mechanism. The widely recognized dispute resolution mechanisms are the mutual agreement procedure (MAP) –a kind of negotiation between the two contracting states– and compulsory arbitration. However, the aptness and efficacy of these tax dispute resolution mechanisms have been seriously questioned particularly from the vantage point of developing countries such as Ethiopia. Although Ethiopia has signed several DTTs with a view to attracting FDI, no study has been made which sheds some light on the essence and operation of the MAP in the DTTs. This note aims at exploring the tax dispute resolution mechanisms incorporated in DTTs since such mechanisms have implication for developing countries including Ethiopia. Key terms Globalization, International taxation, Double taxation, Mutual agreement procedure, Compulsory arbitration

scholarly journals International Commercial Arbitration Put to the Test in the Commonwealth

2020 ◽  
Vol 51 (3) ◽  
pp. 357
Author(s):  
Petra Butler
Keyword(s):  
Dispute Resolution ◽  
Best Practice ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Border Trade ◽  
Dispute Resolution Mechanism ◽  
Rare Opportunity

The article discusses the Commonwealth Study on international commercial arbitration conducted in 2019. The importance of the availability of international commercial arbitration as a dispute resolution mechanism lies in the link between trade and the accessibility of a dispute resolution mechanism that reflects the needs of cross-border trade. Given that the Commonwealth has a unique legal and trade ecosystem the Study provides a rare opportunity to consider what a best practice modern international commercial arbitration framework should look like to encourage cross-border trade.

Pashtun Jirgas, Their Potential in Pak-Afghan Reconciliation and National Reconstruction

2018 ◽  
Vol 38 (1) ◽  
pp. 57-74 ◽  
Author(s):  
Zahid Shahab Ahmed ◽  
Farooq Yousaf
Keyword(s):  
Dispute Resolution ◽  
Social Recognition ◽  
Territorial Disputes ◽  
Policy Recommendations ◽  
Local Stakeholder ◽  
Cross Border ◽  
Bilateral Negotiations ◽  
National Reconstruction ◽  
Dispute Resolution Mechanism

Relations between Pakistan and Afghanistan have mostly been hostile since 1947. The animosity has grown in complexity from various territorial disputes to frequent allegations of cross-border terrorism in the post-9/11 era. This article first makes a case for involving Jirgas, a traditional dispute resolution mechanism among Pashtuns, for improving peace dialogues between both countries. It presents evidence of the traditional acceptability of Jirgas by Pashtuns on both sides of the border and assesses previous official bilateral attempts of using Jirgas. It then proceeds to propose some new policy recommendations focused on national reconstruction of Afghanistan, which include involvement of the Taliban as an important local stakeholder. The dual key argument then becomes, first, that since Jirgas have long-standing local legitimacy and acceptability both in Afghanistan and Pakistan, using the strength of their social recognition would allow higher-level bilateral negotiations between the neighbours, enhancing the effectiveness of new and locally more credible forms of multi-track diplomacy. Second, reinvigorating the Jirga system would allow the Afghan people themselves to engage in fuller multi-dimensional debates on sustainable modalities for their own future, on terms to be set by them, not outsiders.

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