E-Commerce Law: National and Transnational Topics and Perspectives - 9041199179 - 9789041199171

Edited by: Henk J. Snijders, Stephen Weatherill
September 2003, ISBN 9041199179
ISBN 13: 9789041199171
160 pp. Hardcover

USD price: $135.00

To the contention that the advent of electronic commerce demands a near-complete jettisoning of existing laws affecting business transactions, the authors of the penetrating essays in this book answer: not so. Rather, the resolution to the challenge lies in the combination of existing legal elements from heretofore disparate disciplines, and the creation from these elements of a new field of legal principle and practice, a field that will nonetheless overlap with classical commercial law. Perhaps the most significant feature of this emerging body of law is that it is necessarily transnational, as e-commerce cannot be contained within national borders.

Although there is a general consensus that 'what holds off line, holds on line,' there are circumstances that give rise to legal issues peculiar to the information technology environment. These essays deal with some of these issues and other relevant matters, including the following:

the country-of-origin principle in EU law;

variations in national implementations of the European Directive on electronic signatures;

civil liability of Internet service providers;

negligence, damage, defective products, culpable wrongdoing, and other tort issues in an on line context;

defining the moment of effectiveness of an e-mail notice;

'good faith and fair dealing' on line;

the Internet as a zone of 'socially responsible spontaneity';

protection of databases: how much is too much?

international private law issues in business-to-consumer disputes; and

redefining the separate realms of litigation, legal advice, and rule-making as e-commerce grows in the years to come.

This book elaborates and updates a staff exchange that took place in 2001 among legal scholars from the Universities of Oxford and Leiden. Its sometimes astonishing, sometimes unsettling insights represent today's clearest, best-informed thinking on the legal aspects of this all-pervasive feature of contemporary society.

E-commerce is published in cooperation with the E.M. Meijers Institute of Legal Studies of Leiden University Faculty of Law.

List of abbreviations
Preface
General Introduction; H. Snijders, S. Weatheril
The Regulation of E-commerce under EC Law: The Distribution of Competence between Home States and Host States as a Basis for Managing the Internal Market; S. Weatherill
Electronic Signatures: A Survey of the Directive and the Legislation in the United Kingdom and the Netherlands; R. van Esch
Civil Liability of Internet Providers following the Directive on Electronic Commerce; C. van der Net
Downloading Torts: An English Introduction to On-line Torts; R. Bagshaw
The Moment of Effectiveness of E-mail Notices; H. Snijders
Caveat emptor in Digital Times; H. Nieuwenhuis
The Promise and Peril of Spontaneous Order: The Role of Government in Shaping E-commerce; J. Holmes, B. Morgan
The Database Right and the Spin-off Theory; D. Visser
E-commerce and Private International Law; R. Stevens
Law as Code, Code as Law
General Remarks on Legal Requirements Engineering; H. Franken, A. Schmidt
List of Contributors and Editors
Subject Index

Other titles by this Author:

Sort By:	Publication Date \|	Title \|	Author / Editor

Access To Civil Procedure Abroad

Henk J. Snijders

April 1996, ISBN/ISSN 9041102124,
ISBN 13: 9789041102126
Paperback

Add to Shopping Cart: Access To Civil Procedure Abroad - 9041102124 - 9789041102126

$235.00