| E-Commerce: The Future of International
Trade
|
Electronic commerce and digitalised signatures are the future for
international trade. So involved are the major trading countries that
international organisations such as UNCTAD are eager to ensure that developing
countries do not fall behind and miss the opportunities before them.
To this end. Mahin Faghfouri, head of the legal department of the Division
for Services Infrastructure for Development and Trade Efficiency at UNCTAD,
Geneva is working hard to ensure that users in developing countries have the
legal confidence to carry out transactions with hitherto unknown trading
partners.
"Developing countries cannot afford to fall behind if their partners
are using electronic commerce. If they do they will end up being excluded from
international deals," said Mahin.
"To make electronic commerce work, to have the maximum benefit and
potential, the user needs confidence and certainty that the method of contract
transaction is valid and enforceable, or the potential user hesitates to get
involved," she added.
UNCTAD and interested parties are using a model law produced by the United
Nations Commission on International Trade Law in Vienna, which provides a
framework for countries developing their own electronic commerce legislation.
"We do not need totally new laws, just enabling legislation which
would validate and recognize electronic transactions," said Mahin.
She added that there should be resistance to over-regulating electronic
commerce and noted that as technology is still developing all concerned have
emphasized that whatever legislation is put in place it should not be tied to a
Particular technology.
Subsequently, UNCTAD is eager to utilize both private and public sector
expertise, and to this end UNCTAD has set up a partnership with Baker &
McKenzie, Deloitte & Touche, KPMG and the network of law firms co-operating
with PricewaterhouseCoopers, to promote a favourable legal environment for
electronic commerce in developing countries.
Another crucial aspect of UNCTAD'S work is training.
"If you have technology and legislation it is pointless if you do
not understand how it works," Dr. Fagfouri said, adding that it could
take several more years before legislative work on international electronic
trade transactions will be complete.
Jennie Harris (Lloyd's List) |