Journal of Accounting and Management Information Systems (JAMIS)

Some considerations concerning the juridical obstacles to the development of electronic commerce, international instruments on transport and communications

15/2006 ,   p18..23


Keywords:   law, electronic commerce, electronic transport record, international trade

This study analyses the implications of the development of electronic commerce in the field of transport law, mainly the issues related to the dematerialization of transport documents and the opposition of the practitioners in the matter.

Thus, the Working Group III of the UNCITRAL had reached the conclusion that, by the adoption of an international instrument (an international convention in the field), the elements which must be mentioned on a transport document may be recorded and communicated by means of electronic communication which replaces the transport document, under the condition that the issuance and the future utilization of the electronic record are made with the express or tacit agreement of the transporter.

This international instrument will create an electronic equivalent of the transport document, namely an electronic transport record which produces the same juridical effects as the transport document on paper.