Means of delivery
Table 2: Potentially applicable bodies of international economic law; adapted from Joel P.
Trachtman ‘International Economic Law in the Cyber Arena’.
Potentially Applicable Bodies of International Economic Law
Trade
in Government
Trade
in Foreign
Intellectual
Goods Law Procurement Services
Investment Property
Law
Law
Law
Law
Inapplicable
Applicable
Applicable
Inapplicable
Possibly
Network
applicable
Applicable
Inapplicable Inapplicable Inapplicable
Movement of Applicable
equipment
Inapplicable Applicable
Applicable
Applicable
Possibly
Human
applicable
activity
in
situ
Many national cyberlaws have been influenced by the legislative standards prepared by the
United Nations Commission on International Trade Law (UNCITRAL). Its Model Law on
Electronic Commerce (1996) has been enacted in more than 60 jurisdictions. Twenty-nine
jurisdictions have based their legislation on the UNCITRAL's Model Law on Electronic
Signature (2001). Meanwhile, the United Nations Convention on the Use of Electronic
Communications in International Contracts (ECC, 2005) has been signed by 18 States and
acceded to or ratified by six. Work is furthermore ongoing in both the OECD and the United
Nations to update their guidelines on consumer protection, including with a view to better
reflect e-commerce.
Possible gaps in dealing with e-commerce
The analysis of existing mechanisms indicates a shift of policy dynamism from global level
(WTO) to regional level with many regional trade agreements also addressing electronic
commerce. With regard to the adoption of e-commerce laws at national level, there are still
significant gaps in the extent to which key issues are addressed in different countries. Thus,
diverse regional and national regulatory responses have started creating a global
compatibility gap as far as legislation in the e-commerce field is concerned.14
6.2 E-money and virtual currencies
E-money is defined by the Bank for International Settlements (BIS) as ‘stored value or
prepaid payment mechanisms for executing payments via point-of-sale terminals, direct
transfers between two devices, or over open computer networks such as the Internet’. Emoney is usually associated with so-called smart cards issued by companies such as Mondex
14
See UNCTAD (forthcoming), Information Economy Report 2015: Unlocking the Potential of E-Commerce
for Developing Countries (New York and Geneva: United Nations).
35