Boss / Kilian

The United Nations Convention USe Electronic Communic Intl Contra

Neuausgabe 2008. Buch. 548 S. Hardcover
Kluwer Law International ISBN 9789041127495
In englischer Sprache

The use of electronic commerce in international trade is growing by
leaps and bounds. No one can dispute the need for a system of rules to guide
countries as well as private commercial parties through the many new
developments and issues that arise. The United Nations Convention on the Use
of Electronic Communications in International Contracts (ECC), adopted by the
United Nations General Assembly in December 2005 and currently undergoing the
ratification process, provides such a system. This book is a guide and
resource on the Convention: its evolution, interpretation, and relationship to
domestic laws throughout the world.

The book represents the outcome of a conference held at the Leibniz
University of Hannover
in September 2007. It consists of an introduction
to the drafting of the Convention, expert commentary on each article, and
perspectives in the context of domestic and substantive law. A distinguished
panel of authorities- representatives of governments, international
organizations, transnational companies, and universities, as well as
practising attorneys, all of whom have been active domestically and
internationally in confronting the legal issues of electronic commerce-
discuss such aspects of the ECC as the following:

  • timing of dispatch and receipt of electronic communications;

  • transactions related to the financial sector;

  • altering the scope of the Convention by contract;

  • ‘opting in’ and ‘opting out’ ? ‘choice of law’ versus ‘party autonomy’

  • use of foreign case law to interpret the Convention;

  • legal information requirements;

  • writing and signature requirements;

  • error in electronic communications; and

  • problems of identity and data integrity.

Several authors provide in-depth analysis of the interaction between ECC
provisions and other relevant legal regimes (including the United States,
ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations
between the ECC and ICC rules, rules under the CISG, and the trade usages of
the lex mercatoria.

The various contributors highlight issues arising from each ECC provision, and
provide well-informed insight into how remaining problems are likely to be
resolved as the Convention enters into force. Stakeholders from all concerned
sectors of the legal community - businesspersons and their counsel, IGO and
government officials, and academics - will benefit greatly from the detailed
information, analysis, and guidance offered here.

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Bearbeitet von: link iconA.H Boss, link iconW Kilian