Open EDI and Law in Europe: A Regulatory Framework

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Kluwer Law International, 1997 - Computers - 339 pages
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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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Contents

OPEN EDI AND ELECTRONIC COMMERCE
21
LEGAL PROBLEMS OF OPEN EDI
37
SUBSTANTIVE CRITERIA FOR A LEGAL REGULATION
109
INTERCHANGE AGREEMENTS
121
INTERNATIONAL AND NATIONAL STATUTES ON EDI153
153
Commission
164
Automation
173
A REGULATORY FRAMEWORK FOR OPEN EDI
195
A REPOSITORY OF LEGAL TERMS
249
EUROPEAN LEGISLATION
265
Code
272
CONCLUSIONS
281
THE JURICAS CODE OF LEDIA
293
APPENDIX H THE JURICAS CODE OF LX
301
REFERENCES
311
TABLE OF CASES
325

A LEGAL ADVISORY SYSTEM
213
AN AUTOMATED INTERCHANGE AGREEMENT
231

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