Open Edi And Law In Europe

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Overview

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.

This volume will assist lawyers and laypersons concerned with the practical and theoretical aspects of the legal issues of the application of open EDI by pointing out subtle issues in the application of law in this area and by provoking thought regarding possible solutions.

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Product Details

  • ISBN-13: 9789041104892
  • Publisher: Kluwer Law International, BV
  • Publication date: 8/20/1997
  • Series: Law and Electronic Commerce Series
  • Pages: 362
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.81 (d)

Table of Contents

Preface
Acknowledgements
Abbreviations
Introduction 1
Ch. 1 Open EDI and Electronic Commerce 21
Ch. 2 Legal Problems of Open EDI 37
Ch. 3 Substantive Criteria for a Legal Regulation of Open EDI 109
Ch. 4 Interchange Agreements 121
Ch. 5 International and National Statutes on EDI 153
Ch. 6 A Regulatory Framework for Open EDI 195
Ch. 7 A Legal Advisory System 213
Ch. 8 An Automated Interchange Agreement 231
Ch. 9 A Repository of Legal Terms 249
Ch. 10 European Legislation 265
Conclusions 281
App. I The Juricas Code of Ledia 293
App. II The Juricas Code of LX 301
References 311
Table of Cases 325
Table of Statutes 327
Table of Figures 329
Table of Internet Sites 329
Index of Names 331
Index of Subjects 335
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