Revised provisions on electronic commerce

For many companies, and for small and medium sized enterprises in particular, paper is cheap and efficient and the net advantages might not outweigh the costs of changing.

The UNCTAD E Commerce and Development Report 2001 also devoted an article to e commerce and tourism.

APEC e commerce activities are coordinated by the Electronic Commerce Steering Group (ECSG).

UNCITRAL Model Law on Electronic Commerce (MLEC)

For a discussion on OTA and XML, see E Commerce and Development Report 2001.

Article 7 of the UNCITRAL Model Law on Electronic Commerce states

Implications and policy recommendations for the transition to paperless trade

(g) In the area of electronic commerce, the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures.

Governments should take a leading role in initiating the transition to paperless trade

Cases relating to the UNCITRAL Model Law On Electronic Commerce (MLEC)

A similar approach had been adopted in the European Union Directive on electronic commerce.

(1) ter. The solution provided by the UNCITRAL electronic commerce texts, found in article 11 of the Model Law on Electronic Commerce, does not seek to interfere in the general rules of contract formation.

Under APEC, an Electronic Commerce Steering Group (ECSG) deals with issues on electronic commerce.

Draft paragraph 1 reflected a similar provision in the UNCITRAL Model Law on Electronic Commerce.

The latter was based on article 7 of the UNCITRAL Model Law on Electronic Commerce.

Proposed revised provisions on electronic commerce (A CN.9 WG.III WP.47).

Conclusions reached by the Working Group on proposed redraft of electronic commerce provisions

To that end, the draft incorporates the solutions developed by UNCITRAL in the Model Law on Electronic Commerce.

Common elements include references to electrical, digital, magnetic, wireless, optical, electromagnetic, biometric and photonic technology, and references to the form in which information can be transmitted or stored (e.g. using telecommunications technology).

An overview of the potential saving to business and to Governments can be found in the APEC study on paperless trade, Paperless trade Benefits to APEC , 2001, pp.18 20.

The E commerce and Development Report was published annually between 2001 and 2004.

(1) quinquiens. The solution provided by the UNCITRAL electronic commerce texts is found in article 7 of the Model Law.

See paragraph 61 of the Guide to Enactment of the UNCITRAL Model Law on Electronic Commerce (1996).

Also, in recent years, the Model Law on Electronic Signatures has already had important impacts on quite a number of countries making legislation on electronic commerce.

The Working Group approved the approach taken in the proposed revisions to the electronic commerce provisions for inclusion in the draft instrument.

Mindful of the great utility of new technologies used for personal identification in electronic commerce and commonly referred to as electronic signatures,

(j) The OECD amendments to paragraphs 42.1 42.10 on electronic commerce should be included in the United Nations amendments

This often requires revision of domestic legislation on issues such as signatures in electronic transactions, admissibility of electronic transactions as evidence in courts, the use of non negotiable documents and recognition of digital certifications.

Current article 13 of the Model Law on Electronic Commerce gives no particular effect to a signature.

The words the law were taken from the UNCITRAL Model Law on Electronic Commerce and had not given rise to difficulties in that context.

The Working Group on Electronic Commerce considered deleting the reliability condition, at its forty fourth session.

Further, the WCO Council adopted a declaration on electronic commerce known as the Baku Declaration , in 2001 to recognize the potential social and economic impact of electronic commerce on nations, in particular that of developing nations.

The UNCITRAL Model Law on Electronic Commerce needed a reliability test because of the general attribution rule contained in article 13.

It will support tele education, telemedicine, e commerce and e governance, infotainment, resource mapping and meteorological services.

Transition to paperless trade is a long term, dynamic process requiring active management and strong involvement of all stakeholders.

(i) Recurrent publications E Commerce and Development Report (2) E Commerce and Development Report Overview (2) Review of Maritime Transport (2)

The Working Group considered those proposed revised provisions on electronic commerce as they appeared in A CN.9 WG.III.WP.47.

An expert meeting on electronic commerce and tourism was held in 2000 (TD B COM.3 EM.9 2).

Speaker at the 2002 seminar Martti Koskenniemi, member of the UN International Law Commission.

As far as we know, there were two variants for paragraph 3.

The business stance in this field is reflected through the ICC policy statement entitled Jurisdiction and applicable law in electronic commerce (French version) issued by ICC's former Electronic Commerce Project (ECP) in June 2001.

(g) A note prepared by the Secretariat containing proposed revised provisions on electronic commerce (A CN.9 WG.III WP.47).

More information is available on the Electronic Commerce Steering Group Website at http www.apec.org apec apec_groups som_special_task_groups electronic_commerce.html.

This Task Force participates in the UNCITRAL Working Group IV on Electronic Commerce, particularly in its current work on electronic contracting.