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E-Commerce Law: National and Transnational Topics and Perspectives

E-Commerce Law: National and Transnational Topics and Perspectives

Edited by Henk J. Snijders, Stephen Weatherill


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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.

  • Pages 160
    Last Updated 09/17/2003
    Update Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041199171
    SKU 10057655-0001
    Table of Contents
    1. List of abbreviations
    2. Preface
    3. General Introduction; H. Snijders, S. Weatheril
    4. 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
    5. Electronic Signatures: A Survey of the Directive and the Legislation in the United Kingdom and the Netherlands; R. van Esch
    6. Civil Liability of Internet Providers following the Directive on Electronic Commerce; C. van der Net
    7. Downloading Torts: An English Introduction to On-line Torts; R. Bagshaw
    8. The Moment of Effectiveness of E-mail Notices; H. Snijders
    9. Caveat emptor in Digital Times; H. Nieuwenhuis
    10. The Promise and Peril of Spontaneous Order: The Role of Government in Shaping E-commerce; J. Holmes, B. Morgan
    11. The Database Right and the Spin-off Theory; D. Visser
    12. E-commerce and Private International Law; R. Stevens
    13. Law as Code, Code as Law
    14. General Remarks on Legal Requirements Engineering; H. Franken, A. Schmidt
    15. List of Contributors and Editors
    16. Subject Index