scholarly journals Law, Ethics and Electronic Commerce

2005 ◽  
Vol 3 ◽  
pp. 46-53
Author(s):  
Thomas Hoeren

Unlike the Internet community had expected electronic commerce does not lead to an anarchic dissolution of law. In the context of electronic trade, problems arising between users and providers can be solved, for instance by applying traditional principles of contract law. And yet, the legal dispute of Internet related facts and circumstances gives rise to a number of interesting topoi. Even though these subjects have already been considered in the past (for instance in the context of satellite technology), they only now show their specific explosive effect and diversity in the face of the electronic commerce.

Author(s):  
Hongwei Du ◽  
Albert Lederer ◽  
Jiming Wu

In the past two decades, electronic commerce has been growing rapidly due to the increasing popularization of personal computers, expanding penetration of broadband, and continuing development of the Internet and World Wide Web. According to eMarketer (2009), an e-business and online market research company, the total U.S. e-commerce sales (excluding travel) will grow from $127.7 billion in 2007 to $182.5 billion in 2010. The firm also estimates that the number of online shoppers in U.S. will increase from 131.1 million—nearly four-fifths of Internet users—by the year 2007, to 148.7 million by the year 2010. The growth of e-commerce relies not only on the great convenience of conducting transactions over the Internet but also on consumers’ willingness to trust an online merchant. This view is consistent with that advanced by Holsapple and Wu (2008): non-face-to-face, Internet-based transactions require an element of trust; in other words, trust is a foundation of e-commerce.


Author(s):  
Dieter Fink

While much attention is currently being devoted to solving technological challenges of the Internet, for example increasing the bandwidth on existing narrowband network platforms to overcome bottlenecks, little attention appears to be given to the nontechnical aspects. This has been a mistake in the past as human resistance to, or incompetence during, the introduction of new Information Technology (IT) often caused Information Systems (IS) to fail. By focusing on a broad range of technical and nontechnical elements early in the adoption of Internet technology, we have the opportunity to avoid the mistakes made in the past. The Internet has given rise to electronic commerce (e-commerce) through the use of the World Wide Web (Web). E-commerce, by its nature, offers enormous possibilities but in an uncontrolled environment. Therefore, for e-commerce to be accepted, trust must be established as soon as interaction with a Web site begins. In the virtual environment of the Web trust has become even more important because the parties are not in physical proximity. There are no handshakes or body language to be observed when closing a deal. Furthermore, jurisdiction is unclear. Developments on a global scale are required that provide assurance that e-commerce can be conducted in a ‘trusting’ manner.


2001 ◽  
Vol 2 (1) ◽  
pp. 35-44 ◽  
Author(s):  
Eric Holzenberg

This article is a distillation of thousands of conversations held over the past six years or so with collectors, dealers, and librarians about the buying and selling of second-hand and antiquarian books online. It was a gripping topic in 1995 and remains so in 2001. The ability to acquire books via the Internet has, after all, profoundly affected the professional lives of librarians and book dealers and has radically changed the face of both personal and institutional collecting. There is still much to talk about: The ground continues to shift beneath our feet as online book sites, originally an American . . .


2020 ◽  
Vol 159 ◽  
pp. 04022 ◽  
Author(s):  
Nataliya Tovma ◽  
Kairzhan Kazbekova ◽  
Kyz-Zhibek Abisheva ◽  
Aigerim Nurgaliyeva

E-commerce is rapidly gaining popularity and is a dynamically developing industry in the global economy. With the help of information technologies, Internet companies are open to opportunities to develop new markets, providing the Internet consumer with great potential for product research. For the further effective development of commercial activity, an important condition is fulfilling the need to assess the main trends and changes in the development of electronic commerce.The purpose of the study is to analyze the development and current state of electronic commerce in the world, as well as develop methods and recommendations for participants in foreign economic activity doing business through the Internet in the interests of expanding companies and increasing the efficiency of their activities. Results. A study of the basic principles of electronic commerce and the factors affecting it. E-commerce systems are presented that enable buyers not only to interact with the seller, but also to receive the most complete information about the goods sold and the services provided. Using the results of the analysis, the state and main trends in the development of electronic commerce are determined. A system of indicators has been supplemented to assess the level of development of international electronic commerce.


2000 ◽  
Vol 49 (3) ◽  
Author(s):  
Stefan Mai

AbstractE-Commerce - an application of the internet - has expanded exponentially over the past five years and is widely expected to continue to develop rapidly. The potential of electronic commerce has caught the imaginations of politicians and business people. Yet, it is difficult to measure the current (and future) magnitude of e-commerce. Even more challenging is trying to assess the value of transactions within the latter, since defining what constitutes electronic commerce has proven to be somewhat intricate. A number of consulting groups, however, has published estimates of e-commerce transactions. These projections will be discussed in this paper. Furthermore, the paper shows that the future potential of e-commerce is uncertain, and points out that political authorities have to take this into account when considering prospective regulations for this industry.


2012 ◽  
Author(s):  
Francesca Lucchesi

In long-term contracts the topic of contingencies and corrective remedies is particularly important. The BGB (§ 313) and texts that derive from supranational bodies, such as The Principles of European Contract Law, the UNIDROIT Principles and the Draft Common Frame of Reference set out remedies in order to adapt the contract in the event of contingencies and other preconditions. Similar forms of protection are not provided for by the Italian Civil Code, whose remedies in the face of events stemming from a contingency often do not manage to meet the interest to preserve the relationship. The development of the sources highlights in particular the remedy of compensation and specific enforcement of the obligation to conclude a contract set out in art. 2932 of the Italian Civil Code, with important new features with respect to the past. After the direction taken by case law which accepts compensation for damage in the presence of a concluded and valid contract, the compensation remedy assumes the function of correcting the contract and not just upholding the economic operation. In short, what emerges from the compensation and specific protection are facts and operating techniques that justify and enable correction of a contract.


2021 ◽  
pp. 732-742
Author(s):  
Aleksei Valerievich Bondarenko ◽  
Olga Vladimirovna Evgrafova ◽  
Anton Yurievich Kozhankov ◽  
Valentin Yurievich Vakhrushev

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.


Author(s):  
Swati Singh ◽  
Aashna ◽  
Kunwar Shaswat ◽  
Abhishek Jain ◽  
Shailendra Pal ◽  
...  

Online business is a blast in cutting-edge business. Online business implies electronic trade. Web-based business (Electronic trade) includes purchasing and selling of merchandise and enterprises, or the sending of assets or information, over an electronic organization, dominatingly the Internet. Web-based business (Electronic trade) is a change in perspective affecting the two advertisers and the clients. It is driving a total change in the conventional method of working together. This huge change in the plan of action is seeing a gigantic development throughout the planet and India isn't a special case. A huge web entrance has added to the development of E-trade and all the more especially new companies have been progressively utilizing this alternative as a separating plan of action. The examination further analyzes the key factors basic for the accomplishment of E-trade plans of action.


Author(s):  
Richard Susskind

A common objection to online courts is that their use will demand access to the internet and a level of computer literacy that many citizens do not have. The concern here is that if the only route to the court system and so to justice is via technology, then this will effectively exclude all those who do not use technology or cannot do so proficiently. Online courts, it is feared, will be a new obstacle to justice. On the face of it, this is a robust and important challenge. I argue in this chapter, however, that it is often overstated. If we unpack and analyse the various apprehensions here, it transpires that there is more noise than signal in this objection. However, there is clearly a case to answer and in offering my response to the question of digital exclusion, this leads me to raise some broader questions of exclusion which have largely been overlooked in the past.


Author(s):  
el-Sayed el-Aswad ◽  
M. Joseph Sirgy ◽  
Richard J. Estes ◽  
Don R. Rahtz

Globalization and international media are potent contributors to the rise of the Islamist global jihad. Widespread digital communication technologies that connect people all over the world are a substantial component of globalization. Over the past three decades, “virtual jihad” has emerged as a potent disseminator of radical religious-political ideologies, instilling fear and fostering instability worldwide. Western and global media, while often misrepresenting Islam and Muslims, have played a significant role in disseminating jihadist ideologies. The involvement of global jihadists (mujāhidīn) across myriad media outlets and platforms has allowed them to promote their agenda around the world. Using the Internet and media outlets, global jihadists are able to attract and recruit people to their ranks in an accelerated manner. Jihadists have engaged in media activities that have empowered and expanded the global jihad movement, even in the face of increased mitigation efforts.


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