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¶ … resolution of legal dispute associated with electronic commerce. Electronic commerce referred to includes electronic systems such as the internet. It examines the reasons why simply referring to the laws cannot resolve disputes. The paper also features a case study on an unresolved legal conflict associated with electronic commerce specifically the internet.
Challenges of Resolving Legal disputes
Many legal disputes associated with electronic commerce cannot be resolved by simply referring to relevant laws. Jurisdiction of internet laws raises questions that are still not answered. Jurisdiction is a function of sovereignty and need territorial limits. The internet cannot be subjected to territorial limits; there is no uniform applicable law (Barlow, 1996). Some countries such as the United States of America have laws that govern use of the internet (Federal Communications Commission, 1996). This however still does not solve the issue of jurisdiction especially for the internet where it would be difficult to locate physical addresses of online organizations.
In addition, many of the companies trading in the electronic domain do not...
According to the International Chamber of Commerce (2001), many business entities are unwilling to bear the cost involved with investigation and compliance with the many rules in different areas of jurisdiction. Consequently, they shy away from pursuing relevant laws in a bid to save on cost, time and uncertainty of the legal process.
Subscribing to relevant laws have a negative impact on the businesses. Many companies do business based on non-legal agreements because of the jurisdictional ambiguity in the electronic commerce. Compliance with the laws also means adherence to terms and conditions of the laws that could mean being subject to certain regulations they deem unnecessary. In addition, most companies dealing in the electronic commerce especially the internet, are Small and Medium Enterprises and these entities subjected to list of requirements and regulations could prelude their participation in the digital economy.
Case Study of Unresolved Dispute
In August 2006, Touch FM, a radio station based in Africa ordered through the internet transmission equipment from BSI electronics in Nice, France. BSI…
References
Barlow, J.P. (1996, Feb 9). A Declaration of the Independence of Cyberspace. Retrieved March
19, 2012, from www.eff.org: http://www.eff.org/~barlow
Federal Communications Commission. (1996). The Telecommunications Act of 1996. Retrieved
March 19, 2012, from www.fcc.gov: http://www.fcc.gov/Reports/tcom1996.pdf
International Chamber of Commerce. (2001, June 6). Jurisdiction and Applicable Law in Electronic Commerce. Retrieved March 19, 2012, from www.iccwbo.org: http://www.iccwbo.org/id478/index.html
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