Electronic Documents in Maritime Trade: Law and Practice

Hardcover | October 11, 2013

byMiriam Goldby

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The focus of this work is on the function of electronic documents in cross-border business-to-business contracts for the sale of goods carried by sea. It provides a practical analysis of this commercial activity, examining recent trends in practice and testing the ability of electronicalternatives to achieve legal functions performed by the paper documents they replace. The book covers the relevant legal barriers and standards including the issue of fraud, in particular the problem of confidence as a practical bar to uptake, and also the laws relating to electronic signatures and data protection. EU laws governing the use of information technology in businesscontexts are examined. Practical barriers to the use of electronic documents are also considered including a detailed look at specific systems for payment processing, the issue and transfer of rights over goods in transit, and cargo insurance. Demand and supply of alternative systems is also discussed as are the risks andliabilities involved in the use of such systems, and infrastructural problems that may require legislative and/or regulatory intervention to be resolved.Much has been written about legal aspects of the use of the electronic medium in the conduct of business, but this is the only book to focus specifically on the use of electronic documents in maritime trade covering all of the potential obstacles and providing solutions to those problems. The bookexamines the issues that arise when attempting to conclude such complex transactions, making it an invaluable reference for anyone contemplating using or advising on paperless trade and its legal implications.

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From the Publisher

The focus of this work is on the function of electronic documents in cross-border business-to-business contracts for the sale of goods carried by sea. It provides a practical analysis of this commercial activity, examining recent trends in practice and testing the ability of electronicalternatives to achieve legal functions performed b...

Dr. Miriam Goldby is Visiting Scholar at George Washington University and from September 2012 will be Lecturer in Law at the Centre for Commercial Law Studies at Queen Mary, University of London.

other books by Miriam Goldby

Format:HardcoverDimensions:500 pages, 9.69 × 6.73 × 0.01 inPublished:October 11, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199660298

ISBN - 13:9780199660292

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Table of Contents

Part I - Background1. Documents used in international trade2. Legal aspects of electronic communicationPart II - Electronic Alternatives: Legal Barriers and Legal Standards3. International sale contracts4. A legal framework to govern electronic payment and presentation of documents5. Carriage documents6. A legal framework to govern electronic transport documents7. Cargo insurance documents8. A legal framework to govern electronic cargo insurance documentsPart III - Electronic Alternatives: Emerging Practices9. Practical barriers to the use of electronic alternatives in international sale transactions10. Electronic systems for payment processing11. Electronic systems for the issue and transfer of rights over goods in transit12. Electronic systems for cargo insurance