Open EDI and Law in Europe: a regulatory framework.

Door: Mitrakas, Andreas.


  • ISBN: 9789041104892
  • Uitgever: [The Hague: Kluwer Law International],1997. Paperback. xx,342 pp. Stamps. Thesis Erasmus University Rotterdam. Conditie: goed
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  • Details: Conditie: goed. RECHT
  • Extra informatie: - Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI - a particular application of electronic commerce - also permits commercial transactions to take place in a fully automated and highly organised trading environment. This volume focuses on open EDI and its relationship with law. When confronted with technology, the typical reaction of the law is to support interpretations and amendments of existing statutes so that old laws can accommodate the change. Open EDI, however, does not fit within this traditional regulatory method. Open EDI permits ad hoc open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing so, open EDI limits the possibility of using up-front interchange agreements to address the legal problems of the interchange. It therefore requires the use of legal instruments supported by information technology to overcome legal problems. Openness in an electronic environment has the potential to initiate an unobserved change in law. Possible regulations should address users' need to act in such a trading environment without the inhibition of basic legal concerns. Open EDI and Law in Europe concludes that the challenge of open EDI necessitates working toward a new legal framework based on international law and supported by information technology.
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