THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 49
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- Pages.435-459
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- 2011
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- 1229-2036(pISSN)
Choice of Law and Jurisdiction on the e-Trade
전자무역계약에 적용되는 국제적인 사법규범에 관한 연구
- 정재환 (성균관대학교 경제학부)
- Received : 2011.01.30
- Accepted : 2011.02.23
- Published : 2011.02.28
Abstract
The electronic trade(e-Trade) revolution is changing the international trade processes dramatically. It permits new kinds of interactions among exporting and importing firms as well as internally within the firms. Ever since the Internet became a popular communications medium in the 1990s, lawmakers have struggled to develop rules for determining which courts can hear disputes involving parties in different choice of law and jurisdictions. In conclusion, I suggest an ongoing research agenda for further refining and developing a more comprehensive cosmopolitan approach. Certainly, as these cases make clear, reconceptualizing the principles underlying court to-court relations is essential in a world where the idea of a transnational community of courts is fast becoming one of the dominant realities of twenty-first century law.