Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution

Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution

Copyright: © 2008 |Pages: 318

ISBN13: 9781599048284|ISBN10: 1599048280|EISBN13: 9781599048307|ISBN13 Softcover: 9781616926465

DOI: 10.4018/978-1-59904-828-4

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MLA

Kubota, Takashi, editor. Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution. IGI Global, 2008. https://doi.org/10.4018/978-1-59904-828-4

APA

Kubota, T. (Ed.). (2008). Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution. IGI Global. https://doi.org/10.4018/978-1-59904-828-4

Chicago

Kubota, Takashi, ed. Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution. Hershey, PA: IGI Global, 2008. https://doi.org/10.4018/978-1-59904-828-4

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As the various types of global e-business grow rapidly, the need to establish adequate cyberlaws is increased. Reformation of domestic and global laws has been underway; however, the nature of e-business is one of constant technological developments, consistently outdating existing laws.

Cyberlaw for Global E-Business: Finance, Payment & Dispute Resolution examines cyberlaw discussions worldwide on topics such as cybercrime and risk management, comparative electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and case law on international bank transfers. An invaluable resource for policy-makers, business experts, lawyers, scholars, and researchers, this book provides comprehensive research from a global perspective on the legal, technical, and financial implications of e-business.

Table of Contents

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Front Materials

Title Page

Copyright Page

Foreword

Preface

Acknowledgment

Chapters

E-Finance

Chapter 1

Cybercrime, Cybersecurity, and Financial Institutions Worldwide (pages 1-33)

Pauline C. Reich

While the benefits of the Internet and other forms of computer networks are streamlining financial institutions, the same institutions are often among the first institutions to be affected by Cybercrime and Cybersecurity issues due...

Chapter 2

Enhancing Cyber Risk Management with the Framework of ERM and Basel II (pages 34-52)

Junji Hiwatashi

Information technology (IT) has been rapidly developed to provide financial services for customers via the Internet. This service is available 24 hours a day, 7 days a week across borders. On the other hand, technology-oriented...

Chapter 3

IT Development and the Separation of Banking and Commerce: Comparative Perspectives of the U.S. and Japan (pages 53-66)

Takashi Kubota

Unlike the UK, Germany, France and some major countries that permit entries from banking to commerce and vice versa (“two-way” regulation), the United States and Japan have maintained a policy of separating banking and commerce out...

Chapter 4

Laws and Regulations on Proprietary Trading System (PTS) in Japan: Japanese Alternative Trading System (ATS) (pages 67-87)

Motoaki Tazawa

In order to improve convenience for investors through competition among stock exchanges, operation of Proprietary Trading Systems (PTS) was authorized as a form of securities business under the Securities and Exchange Act. The...

Chapter 5

The Holding and Transfer of Interests in Securities in England and Japan: Compared with the Holding and Transfer of Funds (pages 88-108)

Tomonori Fujiike

This chapter compares account-based securities settlement systems with payment systems in which funds are transferred through bank accounts in England and Japan and examines a desirable securities system to harmonize the relevant...

E-Payment

Chapter 6

Global Trends of Payment Systems and the Next-Generation RTGS Project in Japan (pages 109-127)

Masaaki Nakajima

This chapter investigates the evolutionary process of the payment system against the background of structural changes. At the early stage, most payment systems were Designated-Time Net Settlement (DTNS) systems. Then, Real-Time Gross...

Chapter 7

Technical and Legal Concerns about Global Card Payments (pages 128-141)

Fernando Barrio

Well into the first decade of the twenty-first century, it is fair to say that card payments are the cyberspace payment method by definition and, therefore, in order not to deter the development of commercial transactions carried out...

Chapter 8

The Regulation of New Forms of Electronic Fund Transfers in Japan Focusing on Electronic Money (pages 142-167)

Takashi Nakazaki

In this article, after surveying existing Japanese public laws that regulate the transfer of funds via the Internet, and focusing on electronic money in particular, I would like to discuss how these existing regulations may apply to...

Chapter 9

Commodity Based Digital Currency: A Legal Analysis (pages 168-181)

Evelyn Lim Meow Hoong

Financial innovations bring new challenges and new risks besides advantages to the world of finance in cyberspace and in the real world. These innovations evolve alongside the development of cyberspace creating more e-business...

Chapter 10

Mistakes in Remittance to Account (pages 182-193)

Masao Yanaga

Some courts have recently ruled in Japan with regard to mistakes in remittance to account. While the Supreme Court held that the recipient has become a depositor of a savings deposit as much as the remitted amount of the receiving...

E-Contracts and Dispute Resolution

Chapter 11

Doing International Business Online for the Small and Medium Enterprise (pages 195-209)

Sam Edwards

This chapter is designed to address the primary difficulties small and medium enterprises face when doing business online with international partners. The guidance provided in this chapter is primarily for at owners of small and...

Chapter 12

Consumer Protection in Cross-Border E-Commerce Markets (pages 210-226)

Shino Uenuma

Due to the development of the Internet, global e-commerce markets are growing greatly. From the viewpoint of consumers, cross-border transactions involve some difficulties in obtaining redress from problematic businesses. In...

Chapter 13

Cyber Contract and Indian Law (pages 227-238)

Jibitesh Mishra, Biswajit Tripathy

The usage of cyber contracts has increased exponentially in the recent times. However, the framework for this has not been clearly defined. The jurisdiction is also a major issue. In this chapter, we have revisited the electronic...

Chapter 14

E-Commerce and Dispute Resolution: Jurisdiction and Applicable Law in a Dispute Arising from a Computer Information Transaction (pages 239-254)

Naoshi Takasugi

When a dispute arises from e-commerce involving parties located in different nations, the parties immediately face conflict-of-laws issues such as judicial jurisdiction, applicable law and extra-territorial effects of judgments....

Chapter 15

Cross-Border Court Jurisdiction and Economic Law Application in Electronic Commerce (pages 255-271)

Takeshi Kawana

The purpose of this chapter is to examine international jurisdiction and choice of law for e-commerce involving economic legal issues. International jurisdiction and choice of law will be determined under private legal principles...

Back Materials

Compilation of References

About the Contributors

Index

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