Clark, Eugene --- "Book Review - E-Commerce Law: National and Transnational Perspectives" [2002] JlLawInfoSci 12; (2002) 13(1) Journal of Law, Information and Science 141

• E-Commerce Law: National and Transnational Topics and Perspectives

E-Commerce Law: National and Transnational Topics and Perspectives

Snijders, Henk and Weatherill, Stephen (Ed)

The Hague: Kluwer Law International, (2003)

ISBN 9 04119 917

144 pgs including index, EUR 75; USD 75; GBP 51

This book is a collection of articles on important e-commerce topics. It updates and elaborates upon an exchange of views among legal scholars from the Universities of Oxford and Leiden that took place in 2001.

In the ‘general introduction’ to the book, the editors give a resounding ‘no’ the question of whether e-commerce demands a complete abandonment of existing laws relating to business and government relationships in real, as opposed to virtual, space. As a general rule, ‘what holds off line, holds on line, because we cannot conceivably afford or accept completely different laws for e-commerce on the one hand and other forms of commerce on the other hand.’ (p. 1).

On the other hand, the authors note that the many of the laws governing e-commerce derive not from traditional laws, but from supranational and international’ influences and incentives such as UNCITRAL, the EU and organizations such as the International Chamber of Commerce (p 1-2).

It is further observed that many traditional laws of commerce encounter difficulties when an attempt is made to apply them to e-commerce virtual realities. Moreover, many new questions tend to arise only in an online context. For example, traditional rules that a notice is effective from the time of ‘receipt’ raise many news issues. Does ‘receipt’ of an electronic notice take place when it is received by the recipient’s information system? When it reaches the intended recipient’s personal computer? Or when it has actually come to the notice of a person reading their computer screen?

Among the important e-commerce topics addressed in this book are:

• The country of origin principle in EU law;

• Variations in national implementations of the EU Directive on electronic signatures;

• Negligence, product liability, culpable wrongdoing; and other tort issues in an online context;

• Theories of regulation of the Internet;

• ‘Good faith’ and ‘fair dealing’ online;

• Getting the balance right in the protection of online databases;

• International private law issues in business to consumer disputes;

• Civil liability of Internet Service Providers;

• Redefinition of the separate realms of litigation, legal advice and rule-making as e-commerce grows in the years to come.

The authors conclude with a discussion on the impact of e-commerce legal developments on the legal community. So prevalent is e-commerce becoming in our personal lives, business and government that we can no longer leave its future development for e-commerce specialists. Rather, generalists in all branches of law and scholars from other disciplines, the legal profession, courts and governments in all of their manifestations must collaborate to develop solutions that work not only within national, but also across national borders.

This book does not provide a comprehensive and detailed guide treating all aspects of e-commerce law. What it does do is give readers a selection of some of the best and clearest insights on key e-commerce law topics that are being addressed by governments and businesses everywhere. In that, it makes a significant contribution.

Reviewed by Prof Eugene Clark, University of Canberra