Research on EDI Legal Issues in International Trade

Author: Lü Guomin Huang Jin
Publisher:
Publishing Date: 2001-10-01
Features: Electronic Data Interchange (EDI) is a product of the deepening of international economic and trade relations combined with the rapid development of science and technology. As global trade competition becomes increasingly fierce, the important role of EDI in international trade will become even more evident. However, on the other hand, the application of EDI has brought significant impacts on the traditional trade legal system based on paper. This paper employs comparative, empirical, and logical methods to conduct a systematic and in-depth study of the legal issues of EDI in international trade. The entire work consists of eight chapters and approximately 230,000 words. Chapter 1 is an introduction, briefly introducing the concept, classification, standards, historical development of EDI, and the new legal issues arising from its application in international trade. Chapters 2 and 3 primarily elaborate on the three sources of EDI trade rules: exchange agreements, domestic legislation, and international uniform rules, and objectively analyze their respective legal nature and legal effect. Chapter 4 provides a detailed discussion of the nature, purpose, structure, methods, and main content of the UNCITRAL Model Law on Electronic Commerce. Chapter 5 conducts an in-depth study of the substantive legal issues arising from the application of EDI in international trade, such as the issue of written form, the issue of signatures and certification, the issue of contract formation, and the issue of electronic data message transmission, with a focus on exploring methods to resolve these issues. Chapter 6, combining relevant exchange agreements and existing international uniform rules on EDI, conducts an in-depth study of the issues of evidence and jurisdiction in EDI in international trade. Chapter 7 first analyzes the impact of the application of EDI on traditional conflict of law, and then discusses the legal application issues of EDI contracts and the choice-of-law system for EDI torts, respectively.