2021 ◽  
Author(s):  
Nisreen Mahasneh

Abstract Qatar has sought to encourage the development of international trade and investment through advancements in its law. In light of the growing importance of electronic operations, it has adopted the United Nations Commission on International Trade Law’s (UNCITRAL) model laws on electronic commerce and electronic signatures. However, they alone are insufficient to respond fully to the present-day needs of international trade. An area in which Qatari law is still wanting is the electronic transfer of records that originated on paper. This article assesses the extent to which current Qatari legislation relating to the assignment of rights, bills of lading, and commercial papers is suited to the transfer of such records by electronic means and identifies aspects on which it falls short. To fill this gap, Qatar should adopt the 2017 UNCITRAL Model Law on Electronic Transferable Records and ensure that it is applied as widely as possible, internally, internationally, and in civil and commercial dealings.


Author(s):  
Apol·lònia Martínez-Nadal ◽  
Josep Lluís Ferrer-Gomila

2016 ◽  
Vol 3 (1) ◽  
pp. 132-152
Author(s):  
Luca G Castellani

The United Nations Commission on International Trade Law prepared the first global treaty specifically devoted to electronic commerce law, the United Nations Convention on the Use of Electronic Communications in International Contracts. That treaty builds on the highly successful UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This article describes the main goals of the Electronic Communications Convention and its scope of application. In particular, it illustrates how that Convention may fully enable the use of electronic means under other widely adopted treaties such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United Nations Convention on Contracts for the International Sale of Goods. The article also describes the main substantive provisions of the Electronic Communications Convention, in particular clarifying how that Convention updates and completes the provisions of the UNCITRAL Model Law on Electronic Commerce. This Model Law is the backbone of electronic commerce law in numerous countries and a de facto legislative standard insouthern Africa. Finally, the article describes the manner (or patterns) in which the adoption of the Electronic Communications Convention takes place. It stresses that, while the Convention is often used as a source of inspiration for domestic law reform, in order for it to achieve all its intended goals, its formal adoption as a treaty is necessary. The final message is therefore a call upon all states to consider the adoption of that Convention in order to support the broader use of electronic means, especially in the light of the implications for economic development and the promotion of paperless trade.


2014 ◽  
Vol 1 (1) ◽  
pp. 90-109
Author(s):  
Stephen De la Harpe

The promotion of international trade is seen as one of the important instruments to ensure development in developing nations and regions. The history of the World Trade Organisation (WTO) and the drafting of many regional and similar international trade agreements are evidence of this. The Southern African Development Community (SADC) is no exception.1 It is therefore strange that many states that are members of the WTO and actively encourage the opening up of international borders to free trade do not include public procurement2 in such free trade arrangements. This is particularly evident in developing states. If the WTO Government Procurement Agreement (GPA), which is a plurilateral agreement, is considered it is clear that many states do not wish to open their internal markets to competition in the public procurement sphere. It is therefore not surprising that public procurement has been described as the last rampart of state protectionism (Ky, 2012). Public procurement is an important segment of trade in any country (Arrowsmith & Davies, 1998). It is estimated that public procurement represents between 10% and 15% of the gross domestic product (GDP) of developed countries and up to 25% of GDP in developing states (Wittig, 1999). Unfortunately, governments often expect private industry to open up national markets for international competition but do not lead the way. Except for the limited use of pooled procurement,3 no specific provision is at present made for the harmonisation and integration of public procurement in the SADC. In view of the proximity of the member states, the interdependency of their economies and the benefits that can be derived from opening up their boundaries to regional competition in public procurement, the possibility of harmonisation and deeper integration in this sphere needs to be given more attention. The importance of public procurement in international trade and regional integration is twofold: first, it forms a substantial part of trade with the related economic and developmental implications; secondly, it is used by governments as an instrument to address socio-economic issues. Public procurement spending is also important because of its potential influence on human rights, including aspects such as the alleviation of poverty, the achievement of acceptable labour standards and environmental goals, and similar issues (McCrudden, 1999). In this article the need to harmonise public procurement in the SADC in order to open up public procurement to regional competition, some of the obstacles preventing this, and possible solutions are discussed. Reference is made to international instruments such as the United Nations Commission on International Trade Law (UNCITRAL), the Model Law on Public Procurement and the GPA. In particular, the progress made in the Common Market for Eastern and Southern Africa (COMESA) with regard to the harmonisation of public procurement, which was based on the Model Law, will be used to suggest possible solutions to the problem of harmonising public procurement in the SADC.


2017 ◽  
Vol 1 (8) ◽  
Author(s):  
Cristian Fernando Cedeño Sarmiento ◽  
Alex Gregorio Mendoza Arteaga ◽  
Gregorio Isoldo Mendoza Cedeño ◽  
Enrique Javier Macías Arias

En el presente artículo se realiza un análisis de la usabilidad del Documento Nacional de Identidad electrónico en países desarrollados y su futura implementación en el Ecuador, la necesidad de tener un documento de identificación electrónico legal que permita validar la identidad de los ciudadanos al momento de acceder a los servicios electrónicos públicos y privados. Se analizan conceptos referentes a la firma electrónica, las entidades que intervienen en el proceso, los mecanismos de encriptación de un mensaje, hasta culminar con la implementación de dicha firma electrónica. Finalmente, se hace una reflexión sobre la implementación de un nuevo documento de identidad en el Ecuador el cual debería contener las características necesarias acorde a las nuevas tecnologías existentes, los estándares internacionales y sus posibles usos en los servicios informáticos disponibles en el país.  Palabras clave: Encriptación, tecnologías, servicios informáticos, identificación electrónica   Applications of electronic signatures using digital certificates: The National Electronic Identity in Ecuador   Aplicaciones electrónicas en Ecuador    Abstract  In the present article itself performs an analysis of the usability of the National Electronic Identity Document in developed countries and its future implementation in Ecuador, the need for a legal electronic identification document to validate the identity of citizens at time by accessing the electronic government and corporate services. Discusses concepts related to electronic signatures, the entities involved in the process, the mechanisms for the encryption a message, culminating with the implementation of electronic signatures. Finally, a reflection on the implementation of a new identity in Ecuador that should contain the necessary characteristics according to the new existing technologies, international standards and their possible uses and computer services available in the country. Keywords: Encriptación, tecnologías, servicios informáticos, identificación electrónica


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