Author: Faye Fangfei Wang
Publisher: Routledge
ISBN: 1135272395
Category : Business & Economics
Languages : en
Pages : 289
Book Description
Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.
Law of Electronic Commercial Transactions
Chinese Antitrust Exceptionalism
Author: Angela Zhang
Publisher: Oxford University Press
ISBN: 0192561197
Category : Law
Languages : en
Pages : 272
Book Description
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Publisher: Oxford University Press
ISBN: 0192561197
Category : Law
Languages : en
Pages : 272
Book Description
China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Artificial Intelligence and International Economic Law
Author: Shin-yi Peng
Publisher: Cambridge University Press
ISBN: 1108957153
Category : Law
Languages : en
Pages : 365
Book Description
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108957153
Category : Law
Languages : en
Pages : 365
Book Description
Artificial intelligence (AI) technologies are transforming economies, societies, and geopolitics. Enabled by the exponential increase of data that is collected, transmitted, and processed transnationally, these changes have important implications for international economic law (IEL). This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution). This title is also available as Open Access on Cambridge Core.
E-Commerce Law in China
Author: Cristiano Rizzi
Publisher: Kluwer Law International B.V.
ISBN: 9041149112
Category : Law
Languages : en
Pages : 401
Book Description
This first book of its kind examines the framework regulating online sales, protection of personal data and intellectual property, use of e-money, e-marketing, and Internet security as they currently exist in China’s “market space”. The book’s very useful information includes such items as the following: detailed comparisons with European e-commerce regulation; business models for operating a website in China; Chinese rules on online purchase contracts, privacy, and data security; downloading and distributing software and other material; protection against copyright infringements and computer fraud; issues of jurisdiction and governing law; advertising and “spam”; use of “cookies” in online marketing; taxation of e-commerce; existing gateways for online payment; effect of the expansion of the so-called social forums; understanding Chinese online consumers and their behavior; importance of Chinese culture and heritage when applying copyright on the Internet; and progress towards a freer and more secure cyberspace in China. An appendix presents English texts of essential Chinese legislation affecting e-commerce. As a full-fledged definition of this new channel of distribution, its boundaries and functioning, with a particular focus on China, this book is an indispensable source of guidance and reference for counsel representing global marketers at any level of business. Its importance for scholars and researchers in the critical field of data security goes without saying. However, this book is also a guide for all the enterprises wishing to do business in the online dimension in China, and for all the consumers shopping online, wishing to know what their rights are when buying products or services on the Internet, and to know how to protect themselves if something goes wrong.
Publisher: Kluwer Law International B.V.
ISBN: 9041149112
Category : Law
Languages : en
Pages : 401
Book Description
This first book of its kind examines the framework regulating online sales, protection of personal data and intellectual property, use of e-money, e-marketing, and Internet security as they currently exist in China’s “market space”. The book’s very useful information includes such items as the following: detailed comparisons with European e-commerce regulation; business models for operating a website in China; Chinese rules on online purchase contracts, privacy, and data security; downloading and distributing software and other material; protection against copyright infringements and computer fraud; issues of jurisdiction and governing law; advertising and “spam”; use of “cookies” in online marketing; taxation of e-commerce; existing gateways for online payment; effect of the expansion of the so-called social forums; understanding Chinese online consumers and their behavior; importance of Chinese culture and heritage when applying copyright on the Internet; and progress towards a freer and more secure cyberspace in China. An appendix presents English texts of essential Chinese legislation affecting e-commerce. As a full-fledged definition of this new channel of distribution, its boundaries and functioning, with a particular focus on China, this book is an indispensable source of guidance and reference for counsel representing global marketers at any level of business. Its importance for scholars and researchers in the critical field of data security goes without saying. However, this book is also a guide for all the enterprises wishing to do business in the online dimension in China, and for all the consumers shopping online, wishing to know what their rights are when buying products or services on the Internet, and to know how to protect themselves if something goes wrong.
Online Resolution of E-commerce Disputes
Author: Jie Zheng
Publisher: Springer Nature
ISBN: 3030541207
Category : Law
Languages : en
Pages : 376
Book Description
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Publisher: Springer Nature
ISBN: 3030541207
Category : Law
Languages : en
Pages : 376
Book Description
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
The Electronic Silk Road
Author: Anupam Chander
Publisher: Yale University Press
ISBN: 0300154593
Category : Computers
Languages : en
Pages : 297
Book Description
DIVDIVFrom China to Facebookistan, the Internet has transformed global commerce. A cyber-law expert argues that we must free Internet trade while simultaneously protecting consumers./div/div
Publisher: Yale University Press
ISBN: 0300154593
Category : Computers
Languages : en
Pages : 297
Book Description
DIVDIVFrom China to Facebookistan, the Internet has transformed global commerce. A cyber-law expert argues that we must free Internet trade while simultaneously protecting consumers./div/div
E-Commerce in CAREC Countries
Author: Asian Development Bank
Publisher: Asian Development Bank
ISBN: 9292690019
Category : Law
Languages : en
Pages : 177
Book Description
Digital trade promotion has been a long-standing priority for CAREC member countries, as part of their integration into global value chains and economic diversification. This study examines the legal environment on electronic transactions as well as the opportunities and challenges in expanding electronic commerce in the CAREC region. It makes a case for modernization and harmonization of laws of CAREC countries leveraging on international instruments and best practices for electronic commerce transactions. Adequate legislation to protect personal privacy and consumers’ rights and combat cybercrime is also crucial. Finally, institutions must be built with trust, within and among countries and through regional cooperation.
Publisher: Asian Development Bank
ISBN: 9292690019
Category : Law
Languages : en
Pages : 177
Book Description
Digital trade promotion has been a long-standing priority for CAREC member countries, as part of their integration into global value chains and economic diversification. This study examines the legal environment on electronic transactions as well as the opportunities and challenges in expanding electronic commerce in the CAREC region. It makes a case for modernization and harmonization of laws of CAREC countries leveraging on international instruments and best practices for electronic commerce transactions. Adequate legislation to protect personal privacy and consumers’ rights and combat cybercrime is also crucial. Finally, institutions must be built with trust, within and among countries and through regional cooperation.
Big Data and Global Trade Law
Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407
Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407
Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Secondary Liability of Internet Service Providers
Author: Graeme B. Dinwoodie
Publisher: Springer
ISBN: 3319550306
Category : Law
Languages : en
Pages : 393
Book Description
This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
Publisher: Springer
ISBN: 3319550306
Category : Law
Languages : en
Pages : 393
Book Description
This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
Oxford Handbook of Online Intermediary Liability
Author: Giancarlo Frosio
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801
Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801
Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.