Page 1 of 5
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 05
May 2018
Available online:https://ejbss.org/ P a g e | 84
E-Commerce Law And Policy Development
Process
S. N. SHARMA
Planning and Development Consultant, New Delhi
On certain issues, such as jurisdictional rules and consumer protection, NGOs play a critical role
in the development of e-commerce law and policy as they are often accorded a place at the
negotiating and drafting table. At other times, the role of the NGO is more reactive, responding
to new proposals and lobbying on behalf of business or consumer interests.
1 What international organizations are involved in e-commerce law? What do they do?
a) UNCITRAL1
What is UNCITRAL?
UNCITRAL is the United Nations Commission on International Trade Law. Established by the
United Nations in 1966 to harmonize the law of international trade, it is a core legal body of the
United Nations system that works to create accessible, predictable and unified commercial laws.
The Commission is composed of 36 Member States elected by the General Assembly, are chosen
to represent the world's various geographic regions and its principle economic and legal systems.
Members are elected for terms of six years, with the terms of half the members expiring every
three years. The UNCITRAL secretariat is located in Vienna and carries out its work in annual
sessions, which are held in alternate years in New York and Vienna. All States and interested
international organizations are invited to attend as observers and participate in sessions of the
Commission and of its working groups.
What does UNCITRAL do?
UNCITRAL focuses on law reform and creating model commercial laws that are both accessible
and predictable. This is accomplished through:
• Conventions, model laws and rules which are acceptable worldwide
• Legal and legislative guides and practical recommendations
• Updated information on case law and enactments of uniform commercial law
• Technical assistance in law reform projects
• Regional and national seminars on uniform commercial law.
1 http://www.uncitral.org.
Page 2 of 5
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 05
May 2018
Available online:https://ejbss.org/ P a g e | 85
The Commission has established six working groups to perform the substantive preparatory work
on a range of topics, including: international sale of goods; international transport of goods;
international commercial arbitration; public procurement and infrastructure development;
construction contracts; international payments; cross-border insolvency and, most important for
current purposes, electronic commerce.
What is UNCITRAL's involvement with e-commerce?
UNCITRAL created a Model Law on Electronic Commerce in 1996 to enhance the use of
paperless communication. In 2001, it created a Model Law on Electronic Signatures. Future
electronic commerce work will focus on: electronic contracting, with a view to creating a draft
convention; online dispute settlement; dematerialization of documents of title; and a convention
to remove legal barriers to the development of electronic commerce in international trade
instruments.
b) OECD2
What is OECD?
The Organisation for Economic Co-operation and Development (OECD) grew out of the
Organisation for European Economic Cooperation, which administered American and Canadian
aid to Europe after World War II. Established in 1961, OECD today has 30 member countries
and maintains active relationships with 70 more. Its goals are to build strong economies in its
member countries, improve market systems, expand free trade and contribute to development in
both industrialized and developing countries. The governing body of OECD, the Council, is led
by a secretary-general and is made up of representatives of member countries, who provide
guidance on the work of OECD committees and decide on the annual budget.
What does OECD do?
OECD facilitates the creation of international instruments, decisions and recommendations in
areas where multilateral agreements may create progress for individual countries in a globalized
economy. Its various directorates and committees analyse issues, identify policies and deal with
a wide range of economic and social issues from macroeconomics to trade, education,
development and science and innovation. Among its other functions, OECD:
• has published more than 4 000 publications including research reports, conventions,
working papers, country surveys and statistics spanning the spectrum of socio- economics;
• promotes and develops international statistical standards and coordinates statistical
activities with other international agencies;
2 http://www.oecd.org.
Page 3 of 5
European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 06 Issue 05
May 2018
Available online:https://ejbss.org/ P a g e | 86
• fosters good governance in the government and private sectors through the hosting of
conferences and the development of policy and guidelines;
• identifies and analyses issues surrounding emerging economies, sustainable development
and aid.
What is OECD's involvement with e-commerce?
E-commerce has become an area of focus for OECD because of its transborder nature and its
potential for all countries in the areas of economic growth, trade and improved social conditions.
It has developed policy in areas ranging from telecommunication infrastructure and services to
taxation, consumer protection, network security, privacy and data protection, as well as emerging
markets and developing economies.
Following its "OECD Action Plan for Electronic Commerce", endorsed by its members in 1998,
its work programme focus is to build trust for users and consumers; establish ground rules for the
digital marketplace; enhance the information infrastructure for e-commerce; and maximize the
benefits of e-commerce. Some of the activities currently under way in the area of e-commerce
include:
• implementing aspects of the OECD Guidelines for Consumer Protection in the Context
of Electronic Commerce;
• promoting the use of privacy-enhancing technologies and user education and awareness
about online privacy issues;
• studying the effects of e-commerce on cross-border trade in financial services, on
contract law and on electronic delivery of insurance products;
• studying access to high-bandwidth information and communication technologies at
affordable costs in rural as well as in urban areas;
• researching the needs for and constraints to, capacity development for trade faced by
developing countries; and
• disseminating its work on e-commerce to member and non-member countries through
other international organizations.
c) WIPO3
What is WIPO?
The World Intellectual Property Organization (WIPO) is an international organization that
promotes and protects original works in the realms of art, science and technology.
Headquartered in Switzerland, WIPO is one of the 16 specialized agencies of the United Nations.
It administers 23 international treaties dealing with different aspects of intellectual property
protection (both industrial protection and copyright) and has more than 170 Member States.
3 http://www.wipo.org.
