UNSW LAW : LAWS3044 - Electronic Commerce Law and Practice

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LLM Specialisation

This course may be counted towards LLM specialisation in Corporate and Commercial Law; Corporate, Commercial and Taxation Law; Media, Communications and Information Technology Law.

Units of Credit: 8

Description

Electronic commerce is now an accepted way of conducting business. In a relatively short period of time commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice is now recognisable. This course offers the student a comprehensive overview of the legal and regulatory structure of electronic commerce, including: current legislative and self regulatory responses to electronic commerce, commentary on recent case law; plus an analysis of proposed law reform.

Information for Current UNSW Law Students

Course Outline

Objectives

To examine the role of technology in facilitating electronic transactions and shaping appropriate laws
To consider the value of self-regulatory and co-regulatory models in regulating electronic commerce
To examine the emergence of international standards in ecommerce law
To consider problems of jurisdiction and regulatory "arbitrage" in electronic commerce law

Main Topics

Electronic Commerce regulatory structure and sources of law
Electronic Commerce Jurisdiction 1 - The Hague Convention and other International agreements
Electronic Commerce Jurisdiction 2 - Case law
Online contract formation 1 - the Electronic Transactions Act
Online contract formation 2 - common law and international instruments
Electronic authentication of individuals, organisations and objects (and their attributes)
International case study - Ecommerce legal infrastructure in ASEAN
Online dispute resolution
Online business conduct - Codes of conduct and regulations
Cyber-crime
Online payment systems and transactions
Security and the determination of liability for unauthorised access and transactions