Legal Framework for E-Commerce Transactions by pptfiles

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									Legal Framework for E-Commerce
  Transactions in the Caribbean
     Community (CARICOM)
                                        Dr Christine Riefa
 “ A fresh look at online dispute resolution and global e-
                          commerce”, March 29-30, 2010
                                           Vienna, Austria
                 Data Sources
• “Information Society Statistical Profiles” for
  the Americas in 2009 published by the
  International Telecommunications Union.
  – Chart 1.15
  – Chart 1.16
  – Chart 1.17
                CARICOM
• Treaty of Chaguarmaras 1973
• Revised Treaty of Chaguaramas establishing
  the Caribbean Community including the
  CARICOM single market and economy(revised
  2001)
• 14 Member States from Belize to Barbados
  and including Haiti and Suriname.
     Legal basis for a framework on
   electronic commerce in CARICOM
                  region
• no direct reference in the Revised Treaty
• But protection of consumers using e-commerce
  may be achieved using the below legal basis:
  – Article 6 on the objectives of the Community
  – Article 184 on Consumer protection
  – Other articles in the Treaty in particular on provision
    of services
  – Article 239 (protocol on electronic commerce)
            Numerous Initiatives
National Initiatives (review still ongoing)
Regional Initiatives
• CARICOM ICT 4 Development
• Draft Model Law on Consumer Protection (2008) – but
  lacking distance selling protection for consumers
• Currently DEVELOPMENT OF MODEL CONSUMER
  POLICIES IN THREE CRITICAL AREAS which includes
  electronic commerce (+ safety and sustainable
  consumption)
   – Policy recommendations for protection of consumers
     buying through electronic commerce
       Challenges faced by CARICOM
                members
• Diversity of Legal systems (some problems may be similar
  to EU)
• Young regional organisation still in the making
• Users more savvy than legislators?
• Small populations – e-commerce mostly with the USA
  rather than within Region (Problems with jurisdiction and
  conflicts of law)
• Need for a correlation with international systems (national
  and Regional)
• Payment Systems are an issue (lack of trust / cultural
  obstacles)
• Court system not well adapted to Consumer disputes nor
  electronic commerce disputes – prime candidate for ODR?
Thank you for your attention
              • Any questions?
              • Contact:
                Christine.riefa@brunel.
                ac.uk

								
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