• International Commerce and Information Review
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• v.10 no.2
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• pp.23-43
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• 2008

Requirement of facilitating electronic trade transactions and efforts to platform on the electronic trade in major countries are link to the interest of Bill of Lading, the major transportation document, to be electronic, namely interest in Electronic Bill of Lading. Regardless of the benefits from replacing paper based Bill of Lading to the electronic form, which are eliminating of the Crisis of Bill of Lading and cost saving of international trade community, it has not been successful so far. Among the three functions of Bill of Lading, evidence of contracts and receipt of goods can be easily transferable to the electronic form. However the most important function, Document of Title, became the hardest work to replicate in electronic form. The purpose of this paper is to clarify what kind of conditions shall be prepared to ensure the transfer of right and negotiability of the Electronic Bill of Lading and propose to ensure the use of electronic bill of lading and its transfer of right and negotiability in the era of the electronic transactions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• The Journal of Information Technology
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• v.8 no.2
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• pp.135-148
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• 2005

The purpose of this article is to study on the Comparison of the Basic Law on Electronic Commerce and the Uniform Electronic Transactions Act(UETA). The purpose of th Basic Law on Electronic Commerce is to contribute to the national economy by clarifying the legal effect of transactions by means of electronic messages so as to ensure the security and reliability thereof and to secure fair trade, and further by establishing sound and orderly transactions, and promoting electronic commerce. It is important to understand that the purpose of the UETA is to remove barriers to electronic commerce by validating and effectuating electronic records and signatures. It is not a general contracting-the substantive rules of contracts remain unaffected by UETA. Nor is a digital signature statute. To the extent that a State has a Digital Signature Law, the UETA is designed to support and compliment that statute.

• International Commerce and Information Review
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• v.12 no.3
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• pp.79-98
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• 2010

The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

• Journal of the Korean Society for Library and Information Science
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• v.47 no.4
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• pp.187-210
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• 2013

The consumption through e-journal consortia makes researchers locate and use academic resources and information extensively with comparatively cheap costs. This study analyzed and investigated substantive benefits of the big deal contracts for e-journal subscriptions in terms of efficient information use. In other words, this study compare concretely the differences in efficiency of using information between large-size institutions and small-size institutions who participate in the e-journal big deal contracts. This study suggests solutions for the problems which occur persistently and repeatedly in the big deal and new counter plans which can replace the current methods of big deal contracts in a long-term perspective by revealing the gaps of acquiring and using information by the size of participating institutions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.213-237
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• 2010

The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.215-233
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• 2000

We know there are tremendous increasing of electronic commerce transaction but don't have efficient method to cover the risk of it. Even though the risk why we make a deal by electronic commerce. The reason, I think, is its conveniences of little cost and by no means of papers or tele-communications. When the valid contracts are achieved you may have some problems because of different legal systems of the world. If the contractual quarrels break it is very difficult to solve it. So it is important to choose the governing law to avoid troubles when you make the contract on internet electronic commerce. The purpose of this study is to review the general principles of contract of internet electronic commerce.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.325-358
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• 2011

The purpose of this study aims to analyse the implications of volume contract clause with Rotterdam Rules. The Hague-Visby Rules have been in force this jurisdiction for over 30 years. In those three decades they have performed valiant service, both for the development of maritime law in this country and for the countless parties from around the world who have chosen courts and arbitral tribunals in London for the resolution of disputes arising under bills of lading or under charterparties incorporating the Hague-Visby Rules. While the Hague-Visby Rules apply only to bills of lading or any other similar documents of title and hence all other contracts of carriage are not subject to the current regime, this is not the case for the Rotterdam Rules which, broadly speaking, apply to contracts of carriage whether or not a shipping document or electronic transport record is issued. To preserve freedom of contract where necessary, however, a number of significant concessions were made and Article 80 represents one of the most controversial: that of volume contracts. However, the provision lends itself to abuse under each one of the elements as there is no minimum quantity, period of time or frequency and the minimum number of shipments is clearly just two. This means that important contracts of affreighment concluded pursuant to, for example, oil supply agreements have the same right to be excluded from the scope of application of the Rotterdam Rules. The fact that a volume contract may incorporate by reference the carrier's public schedule of services and the transport document or other similar documents as terms of the contract would make a carefully drafted booking note for consecutive shipments a potential volume contract as well.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.

• International Journal of Computer Science & Network Security
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• v.23 no.10
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• pp.147-156
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• 2023

Electronic voting machines (EVMs) are replacing research ballots due to the errors involved in the manual counting process and the lengthy time required to count the votes. Even though these digital recording electronic systems are advancements, they are vulnerable to tampering and electoral fraud. The suspected vulnerabilities in EVMs are the possibility of tampering with the EVM's memory chip or replacing it with a fake one, their simplicity, which allows them to be tampered with without requiring much skill, and the possibility of double voting. The vote data is shared among all network devices, and peer-to-peer verification is performed to ensure the vote data's authenticity. To successfully tamper with the system, all of the data stored in the nodes must be changed. This improves the proposed system's efficiency and dependability. Elections and voting are fundamental components of a democratic system. Various attempts have been made to make modern elections more flexible by utilizing digital technologies. The fundamental characteristics of free and fair elections are intractability, immutability, transparency, and the privacy of the actors involved. This corresponds to a few of the many characteristics of blockchain-like decentralized ownership, such as chain immutability, anonymity, and distributed ledger. This working research attempts to conduct a comparative analysis of various blockchain technologies in development and propose a 'Blockchain-based Electronic Voting System' solution by weighing these technologies based on the need for the proposed solution. The primary goal of this research is to present a robust blockchain-based election mechanism that is not only reliable but also adaptable to current needs.