Electronic Commerce and International Private Law: A Study of Electronic Consumer Contracts

ISBN-13: 9780754648550 / Angielski / Twarda / 2008 / 286 str.

Lorna E. Gillies

Opis

Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.

Recenzje

'This book should be on the bookshelves of both scholars and practitioners. Gillies synthesizes and evaluates the law of the EU, UK, and US affecting internet consumers and merchants, a most helpful contribution in this muddled area of law. The book also provides policy-based suggestions for concrete reforms that could guide courts and lawmakers to a more just and coherent treatment of consumers’ cyber-disputes.' Elizabeth Thornburg, SMU Dedman School of Law, USA 'Lorna Gillies' text offers a rigorous and critical analysis of international private law approaches to electronic consumer contracts. Based on thorough international research it will be an essential source for anyone interested in understanding contemporary policy initiatives or reform of this area.' Iain Ramsay, University of Kent, UK 'The remarkable feature of the book is that it throws light on the oft mystified domain of policy making by suggesting concrete measures and citing opinions of various academicians, judgments across jurisdictions and dissenting with a tangible reason wherever required. A must read for all academicians, policy makers and practitioners who foresee 'virtuality' as the window to reality of future commercial transactions.' Singapore Year Book of International Law '...a highly valuable addition to existing literature in this important field. This is a book that benefits students and academics, as well as the legal profession and those involved in law-making functions. And perhaps most importantly, it is a joy to read.' Melbourne Journal of International Law 'A person practicing or wanting to learn about this area of law would be greatly served by reading this book. It gives a great overview of the law within the EU, UK and US while at the same time going into depth on the issues that appear to be most relevant to recent litigation over electronic consumer contracts.' Journal of High Technology Law

Spis treści

Introduction: International Private Law and the Dematerialisation of Electronic Consumer Contracts; Chapter 1 Electronic Consumer Contracts and International Private Law; Chapter 2 The Internet, Electronic Commerce and Electronic Consumer Contracts; Chapter 3 International Private Law Rules for Electronic Consumer Contracts: Theoretical Approaches; Chapter 4 The Development of European International Private Law Rules for Electronic Consumer Contracts; Chapter 5 Jurisdiction Rules for Electronic Consumer Contracts in the Brussels 1 Regulation; Chapter 6 Application of United Kingdom Jurisdiction Rules to Electronic Consumer Contracts; Chapter 7 Choice of Law Rules for Electronic Consumer Contracts in the Rome 1 Regulation; Chapter 8 Rules of Personal Jurisdiction for Electronic Consumer Contracts in the United States; Chapter 9 Adaptation of Personal Jurisdiction Rules for Electronic Consumer Contracts in the United States; Chapter 10 Towards Harmonised International Private Law Rules for Electronic Consumer Contracts;

O autorze

Lorna E. Gillies is a Lecturer in law at the University of Leicester. She has published widely on the area of electronic consumer contracts and international law.