Docstoc

English - PowerPoint Presentatio

Document Sample
English - PowerPoint Presentatio Powered By Docstoc
					The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


        UNCITRAL texts on electronic commerce
              and electronic signatures:

       An opportunity for the adoption of modern
              legislation in Africa


                            Luca G. Castellani
                            UNCITRAL Secretariat


UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                            CODIST-I


                    The business environment

     •   Steady increase in the use of electronic means
     •   Array of different technologies:
           • Web-based applications
           • Emails
           • Instant messaging
           • Mobile devices
     •   Bulk of electronic transactions: B2B; B2G; G2G (not with
         consumers)

UNCITRAL    United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                               The challenge

  • Importance of building a solid enabling regulatory
     framework for electronic transactions is evident
  • Electronic transactions are increasingly taking place
     on open platforms  the need is reinforced
  • Modern legislation should address certain basic
     issues:




UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


              Principle of non-discrimination



       Electronic transactions shall
        not be discriminated against
           solely because of their
                   nature.

UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                            CODIST-I


                      Principle of functional equivalence
        Under certain conditions, the legal
       value of electronic transactions shall
      be equivalent to that of other forms of
       communication, such as the written
       form, without having to review every
           single piece of existing legislation
                               establishing
UNCITRAL
                    formal requirements.
            United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


           Principle of technological neutrality


       The law should address all
    existing technologies and those
      that will be developed in the
                  future.



UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                                 The answer

  •   The United Nations Commission on
      International Trade Law (UNCITRAL) is the
      legal body of the United Nations system in
      the field of international trade law.
  •   For the past thirty years, UNCITRAL has
      prepared texts in the field of electronic
      commerce.
UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I



         United Nations Convention on the Use of
       Electronic Communications in International
                     Contracts, 2005
      (the Electronic Communications Convention)

     • Most recent

     • Most relevant to immediately address needs of
       developing countries


UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                            CODIST-I


               (Electronic Communications Convention - II)

    • Removes obstacles to the use of electronic transactions
        arising from provisions contained in treaties adopted
        before the rise of electronic commerce;
    •   Modernizes certain provisions contained in older
        UNCITRAL texts;
    •   Ensures that they are uniformly implemented and
        interpreted;
    •   Provides a blueprint for those countries lacking
        legislation on electronic commerce.

UNCITRAL    United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


  UNCITRAL Model Law on Electronic Commerce, 1996


       The first legislative text embodying the fundamental
        principles of non-discrimination, of functional equivalence
        and of technological neutrality.
       It established the conditions for equivalence between
        electronic data messages and paper-based concepts such
        as “writing”, “signature” and “original”.
       It also established rules for the formation and validity of
        contracts concluded with electronic means, for the
        attribution of data messages, for the acknowledgement of
        receipt and for determining the time and place of dispatch
        and receipt of data messages.
UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


   UNCITRAL Model Law on Electronic Signatures, 2001


      Establishes criteria of technical reliability for the
       equivalence between electronic and hand-written
       signatures by following a technology-neutral
       approach which avoids favouring the use of any
            specific technical product.
      Establishes basic rules of conduct that may serve as
       guidelines for assessing responsibilities and
       liabilities of the signatory, of the relying party and of
       certification service providers.
     • Contains provisions favouring the recognition of
       foreign certificates and electronic signatures.
UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                          The resources (I)


     • The mandate of UNCITRAL
        covers also technical assistance in legislative reform
        and coordination of the efforts of other
        intergovernmental organizations active at the global
        and regional level.




UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                          The resources (II)

    • At the regional level, the Southern African
      Development Community (SADC) Model Law
      on Electronic Transactions.

    • At the country level, assistance in legislative
      drafting, including reviewing existing drafts
      and contributing to workshops and seminars
      in support
      of legislative work.
UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


              Where do we go from here?


     • Consider the adoption of UNCITRAL
       texts


     • The UNCITRAL secretariat is ready to
       provide technical assistance.




UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                Work on the legislative side (l)

   • Study of the legal aspects involved in implementing
     cross-border single windows  WCO-UNCITRAL Joint
     Legal Task Force

   • Paperless trade and single windows have a direct
     impact on streamlining logistics and on expediting
     customs procedures and making them more
     transparent




UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                               CONCLUSION


    • African States should:
       • participate in the work of UNCITRAL
         more closely;
       • consider further intensifying their
         efforts to adopt legislative texts on
         electronic commerce.

UNCITRAL   United Nations Commission on International Trade Law
The First Session of the Committee on Development
       Information, Science and Technology
                           CODIST-I


                                THANK YOU

     For more information please contact:


     Luca G. Castellani
     UNCITRAL Secretariat
     Room E0440
     P.O. Box 500
     A-1400 Vienna, Austria
     Tel.:(+43-1) 26060-4078
     Fax: (+43-1) 26060-5813
     E-mail : luca.castellani@uncitral.org



UNCITRAL   United Nations Commission on International Trade Law

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:3
posted:11/7/2010
language:English
pages:17