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1 – 10 of over 25000Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the…
Abstract
Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.
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Qin Hu, Xun Wu and Clement K. Wang
Although electronic commerce (e‐commerce) can be a source of competitive advantage, will e‐commerce businesses in countries like China flourish when governments still take a…
Abstract
Although electronic commerce (e‐commerce) can be a source of competitive advantage, will e‐commerce businesses in countries like China flourish when governments still take a “wait‐and‐see attitude” as to prompting, protecting, and regulating e‐commerce? The paper employs transaction cost economics in analyzing the role of government in regulating electronic contracting. Due to the transaction costs arising from e‐commerce, explicit contracts between parties are usually incomplete. The paper argues that these contracts should always be backed by implicit contracts, which are determined by default rules in various governments. Therefore, it behoves governments urgently to fill gaps in incomplete contracts in e‐commerce in order to foster a predictable legal environment for e‐businesses, minimize legal risks and transaction costs, and maximize economic and social benefits. The authors believe that governments must also act in concert with one another at the international level to create a favorable and consistent commercial environment.
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Sharon Christensen, Judith McNamara and Kathryn O'Shea
The purpose of this research project is to identify the legal and security issues, risks and barriers to the uptake of communication and document management technologies by the…
Abstract
Purpose
The purpose of this research project is to identify the legal and security issues, risks and barriers to the uptake of communication and document management technologies by the construction industry. Previous research suggests that the construction industry, especially in Australia, has been reluctant to adopt technology on a broad scale due to a range of legal uncertainties. The purpose of this paper is to explain the relevant legal issues and risks and to suggest possible solutions for legally compliant electronic project administration in the construction industry.
Design/methodology/approach
This paper is based on research undertaken for the Australian Cooperative Research Centre for Construction Innovation (CRCCI) Research Project 2005‐025‐A, “Electronic Contract Administration – Legal and Security Issues”. The outcomes from the research to date include a literature review and several case studies. The research project will ultimately produce a set of recommendations for secure and legally compliant electronic project administration.
Findings
It is apparent that, if the uncertainties associated with electronic project administration remain unresolved, then the practical consequences for parties using electronic project administration tools may be serious. On a more general level, these uncertainties will contribute to a reduced willingness by the construction industry to take advantage of modern communication technologies.
Originality/value
This research contributes to the need for greater clarity and knowledge of the legal issues and risks of electronic project administration in the construction industry.
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Rakesh Belwal, Rahima Al Shibli and Shweta Belwal
Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal…
Abstract
Purpose
Within a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.
Design/methodology/approach
This study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the rest of the world in general.
Findings
The study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.
Research limitations/implications
There is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.
Practical implications
The mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.
Social implications
Consumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.
Originality/value
Consumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general.
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Ahmad Abed Alla Alhusban, Ali Abdel Mahdi Massadeh and Haitham Haloush
This study aims to examine the validity of the installment payment contract when using the first Islamic credit card (ICC) in Jordan and will explore the hidden techniques that…
Abstract
Purpose
This study aims to examine the validity of the installment payment contract when using the first Islamic credit card (ICC) in Jordan and will explore the hidden techniques that are used to operate such a financial product. The purpose of the study will be achieved by examining the structure and the issues surrounding the first ICC that was introduced to the Jordanian market as a hybrid contract of Qard Hassan (benevolent loan), Murabaha, Wakalah (agency) and Bay‘ Al Ajjal (credit sale). In addition, a further objective is to examine whether this credit card is a Sharia-compliant financial product.
Design/methodology/approach
A qualitative research method approach was adopted to understand the issues, nature and structure of the first Jordanian ICC. This was due to the explanatory nature of the product, the different financial solutions it offered and the fact that the ICC in Jordan is, to date, relatively unexplored. This paper used the technique of content/thematic analysis that involves multiple sequenced steps to analyze these matters.
Findings
The main finding of this research is that the first ICC in the Jordanian financial market has caused a degree of uncertainty. This is because, once a customer decides to choose the installment payment contract option, the bank does not have real possession of the assets in question. The issue of constructive possession has been denied by several classic and contemporary Islamic scholars, including the General Iftaa Department of Jordan. Therefore, it can be seen that the installment payment contract option does not comply with Islamic principles and particular Fatwas that have been decreed.
Originality/value
This is the first study that shows how the first ICC, being a new Islamic financial product in Jordan, operates in relation to the installment payment contract. In addition, focusing on the concept of changing the nature of the contract from a Qard Hassan (benevolent loan) to a hybrid contract is significant, to encourage Islamic scholars to take a clear, legal stand under Sharia law.
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The purpose of this paper is to examine the possible application of the principle of paper advertisement in the context of communication via the web.
Abstract
Purpose
The purpose of this paper is to examine the possible application of the principle of paper advertisement in the context of communication via the web.
Design/methodology/approach
The paper analyses case law decisions pertaining to advertisements.
Findings
Web and paper advertisement are both communications anticipating contracts made to the public, nevertheless the issue of web advertisement deserves discussion because of the distinct features of web communication. Interactive feature of many web advertisements, the irrelevance of the limited stock argument in web advertisement trading digital service, the utilisation of stock control and customer selection method which protects the vendor against the risks of limited stock and the risk of making contract with everyone, and finally the global feature of web communication are some of the characteristics of web communication justifying a revisit to this topic, as these features may add a layer of complexity to the issue. Commentators have taken different stances as to the position of web advertisement, with some viewing any type of web advertisement as an offer, whilst others confine the binding status only to interactive web advertisement and to advertisements providing digital services. The paper seeks to ascertain the position of web advertisement under UK law, including the Electronic Commerce (EC Directive) Regulations 2002.
Research limitations/implications
The finding of the research is relevant for policy and law makers when considering whether to enact or amend electronic commerce‐related legislation.
Practical implications
The paper reveals how the status of advertisement applies in business situations in the context of virtual environment.
Originality/value
The analysis shows that the non‐binding status should, without indications of a contrary intention, apply to a web advertisement despite its features being distinct from those of a paper advertisement.
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Sophie Louveaux, Yves Poulett and Anne Salaün
Makes recommendations for protecting users in cyberspace, which relate to commercial communications, relationships between the service provider and consumers, and data protection…
Abstract
Makes recommendations for protecting users in cyberspace, which relate to commercial communications, relationships between the service provider and consumers, and data protection. Concludes that initiatives involving trust and confidence are a means of developing confidence in electronic commerce.
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This paper embodies research on the purchasing of electronic resources by public libraries. It sought to identify what works well and what is problematic with respect to the…
Abstract
This paper embodies research on the purchasing of electronic resources by public libraries. It sought to identify what works well and what is problematic with respect to the management of commercial products. Views were also sought on future development, and how procurement could best be managed. The main concerns identified were the lack of a national dimension and strategy, and of expertise in individual authorities and consortia, particularly with licences. Purchasers were felt to be reactive, not taking control of the procurement by specifying requirements. E‐resources were felt to be very expensive; there was not necessarily any price advantage as a result of consortial negotiations. It was also felt that hard‐copy and e‐resource procurement and strategy should not be separated. Licence terms and pricing models were felt to be confusing, and the interfaces provided inappropriate.
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Wilhelm Hasselbring and Hans Weigand
Electronic commerce (e‐commerce) is the new buzzword for doing business on the Internet. A main problem for business‐to‐business e‐commerce lies in the need for the information…
Abstract
Electronic commerce (e‐commerce) is the new buzzword for doing business on the Internet. A main problem for business‐to‐business e‐commerce lies in the need for the information systems of the involved organizations to exchange meaningful information. For letting the information systems of business partners accomplish electronic business communication, semantic interoperability is necessary to ensure that exchange of information makes sense – that the provider and receiver of information have a common understanding of the “meaning” of the requested services and data. Traditional EDI is not sufficient to solve electronic business communication problems in an open and dynamic environment. Summarizes the development from traditional EDI towards new advanced electronic business communication approaches offering agent‐based e‐commerce marketplaces in which the meaning of business messages is managed by means of shared repositories for formally specifying the semantics of business messages. Within this framework, XML is the practical foundation for structuring the information to be interchanged.
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