- Title
- Developing a regulatory framework for electronic commerce in the Southern African Development Community: the prospects and challenges
- Creator
- Chimeri, Vongai https://orcid.org/0009-0007-2490-2497
- Subject
- Electronic commerce -- Law and legislation
- Subject
- Electronic funds transfers -- Law and legislation
- Subject
- Electronic contracts
- Date
- 2023-03
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/28433
- Identifier
- vital:74326
- Description
- The adoption of international instruments namely, the Model Law on Electronic Commerce, the Model Law on Electronic Signatures and the United Nations Convention on the use of Electronic Communications in International Contracts was mainly necessitated by the need to remove unnecessary obstacles to the development of e-commerce. However, many years later, countries in the Southern African Development Community (SADC) are grappling with the effective regulation of e-commerce. Globally, e-commerce has been embraced as an instrument for boosting economic growth to achieve various developmental goals including employment creation and poverty alleviation, among others. Given its significance and transnational nature, a comprehensive harmonised regulatory framework that enhances regulatory certainty remains a sine qua non to the development of e-commerce. This study examines the SADC’s regulatory approach to e-commerce and questions whether it has successfully harmonised e-commerce laws in a way that enhances legal certainty in e-commerce transactions. It observes that, notwithstanding the adoption of the SADC Model Law on Electronic Transactions and Ecommerce, the regulation of e-commerce in most SADC countries remains archaic, fragmented and unpredictable. In order to draw lessons for the development of an e-commerce regulatory framework that enhances legal certainty and predictability in e-commerce transactions, the study explores the regulatory approach to e-commerce of various Regional Economic Communities (REC) namely the Association of Southeast Asian Nations (ASEAN), the Economic Community of West African States (ECOWAS), the East African Community (EAC) and the European Union (EU). In the end, the study proposes the development of a community law on e-commerce in SADC. It recommends some pertinent changes in the legal formulation and institutional framework of the SADC Treaty to ensure that the community law on e-commerce is adopted and implemented effectively by Member States. The study further advances that there is a need for SADC Member States to have the necessary political will and commitment to adopt and implement a community law on e-commerce.
- Description
- Thesis (LLD) -- Faculty of Law, 2023
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (xvi, 260 pages)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- rights holder
- Rights
- All Rights Reserved
- Rights
- Open Access
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UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details | SOURCE1 | Vongai Chimeri LLD Thesis.pdf | 2 MB | Adobe Acrobat PDF | View Details |