...Journal of International Commercial Law and Technology Vol.2,Issue 1(2007) The Postal Acceptance Rule in the Digital Age∗ Dr. Marwan Al Ibrahim Asst. Professor in commercial and Company law, Amman Arab University for graduate studies – Jordan Dr.Ala’eldin Ababneh Assistant Professor in Private Law at Amman Arab University for Graduate Studies-Jordan. Mr. Hisham Tahat PHD student, University of Aberdeen Abstract: This article examines the application of the postal acceptance rule to email acceptances. Different views have been argued against the application of traditional rule like the postal acceptance rule, which was established in 1818 as a legal norm in contract formation to modern communications like the email. The paper presents the arguments and rationale behind the application of this rule and contends its applicability to the modern communication via e-mail. The paper posits that email is not an instantaneous method of communication, but can be viewed as a digital version of the normal post and thus the postal acceptance rule should apply to this kind of contracting. Keywords: E-commerce, Email, Contract law, Conclusion of Contract, Postal Acceptance Rule. 1. Introduction The conclusion of distance contracts has been one of the controversial issues in the law of contract formation. It raises some question marks, especially with regard to the type of rules that should govern the timing of contract formation. More specifically, a strong debate has been...
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...Publications Total Publications: 17v International Journals (Total: 3) Thammaboosadee, S., Watanapa, B., Chan, J. H., and Silparcha, U. (2014), A Two-Stage Classifier That Identifies Charge and Punishment under Criminal Law of Civil Law System, IEICE Trans. Inf. & Syst., vol. E97-D, no.4, pp.864-875. Thammaboosadee, S., and Watanapa, B. (2013), Identification of Criminal Case Diagnostic Issues: a Modular ANN Approach, The International Journal of Information Technology & Decision Making, Vol.12 (3), pp. 523-546, ISSN: 0219-6220. Thammaboosadee, S., and Silparcha, U. (2009). A GUI Prototype for the Framework of Criminal Judicial Reasoning System. Journal Of International Commercial Law And Technology, 4(3), pp.224-230,July, 2009 International Conferences (Total: 11) Choknitisub, K., Kiattisin, S., Thammaboosadee, S., and Leelasantitham, A. (2014), Forecasting Container Support Strategy of Bangkok Port, The Proceedings of Management and Innovation Technology International Conference (MITiCON2014), pp. 63-67. Poonun, S., Kiattisin, S., and Thammaboosadee, S. (2014), Business Process Improvement in Customer Relationship Management Case Study, The Proceedings of Management and Innovation Technology International Conference (MITiCON2014), pp. 68-72. Thammaboosadee, S. (2014), An Elements-based Multi-Stage Charges Identification Model for Textual Criminal Cases, The Proceedings of the Ninth International Conference on Digital Information Management...
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...ISSN Journal title 1619‐4500 1863‐8171 1528‐7106 0001‐3072 1018‐161X 1096‐3685 1087‐9595 1524‐7252 0001‐4273 1537‐260X 0363‐7425 1526‐1794 1095‐6298 1813‐0534 0001‐4575 1754‐7718 1445‐954X 0001‐4788 0810‐5391 1944‐529X 1530‐9320 0951‐3574 1328‐8261 0963‐9284 1041‐0392 0155‐9982 0148‐4184 1032‐3732 0888‐7993 1744‐9480 1911‐382X 1030‐9616 0958‐5206 0361‐3682 1530‐0226 1073‐0516 1046‐8188 1049‐3301 1049‐331X 0168‐9673 0001‐6373 0001‐6918 0353‐4316 1212‐3285 4OR: Quarterly Journal of Operations Research A St A ‐ Advances in Statistical Analysis AACE International Transactions Abacus: a journal of accounting, finance and business studies Academia Economic Papers Academy of Accounting and Financial Studies Journal Academy of Entrepreneurship Journal Academy of Information and Management Sciences Journal Academy of Management Journal Academy of Management Learning and Education Academy of Management Review Academy of Marketing Science Review Academy of Marketing Studies Journal Academy of Taiwan Business Management Review Accident Analysis and Prevention Accountancy Business and the Public Interest Accounting Accountability and Performance Accounting and Business Research Accounting and Finance Accounting and Taxation Accounting and the Public Interest Accounting Auditing and Accountability Journal Accounting Commerce and Finance: The Islamic Perspective Journal Accounting Education: An International Journal Accounting Educators' Journal Accounting Forum Accounting Historians Journal...
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...Development of Commercial Space Law MG261 Business Law II John S. Leonard Park University Abstract The commercialization of space progressed at a very slow and easily managed pace for the first four decades after humanity’s emergence into space. Now with the increased interests in space by private sector entities the factor of control has been altered to a point that must be addressed. The radical shift from government based exploration to private sector exploration and development of space based technologies can be attributed to the change in policies by the most influential nations that operate within outer space. The promotion of private industry by the United States of America since the political party lead by President Obama took charge of the government has opened the door for funding and ease of accessibility into outer space. With the potential for profit high, the number of private entities to develop space exploration and exploitation technologies will continue to grow and with this increase comes a need to overview to current space law in order to ensure that it is being implemented accordingly or if it needs to be restructured. The Development of Commercial Space Law Law is defined as, “the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision” (Law). The laws that are established...
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...Loyola Law School (Los Angeles) Legal Studies Paper No. 2005-18 August 2005 Facilitating Compulsory Licensing under TRIPS in Response to the AIDS Crisis in Developing Countries Professor Hans Henrik Lidgard Professor Jeffery Atik This paper can be downloaded without charge from the Social Science Research Network (SSRN) electronic library at: http://ssrn.com/abstract=794228 FACILITATING COMPULSORY LICENSING UNDER TRIPS IN RESPONSE TO THE AIDS CRISIS IN DEVELOPING COUNTRIES Hans Henrik Lidgard and Jeffery Atik1 Abstract The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals...
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...The impacts of E-commence on international business and marketing: A literature review Name student: Tao Yi Student number: 1192930 Course name: Master thesis international track Course code: 2012-191880750-1A Assessor: Assistant Prof. Dr. E. Constantinides and Dr. Huub J.M. Ruel Hand in date: 15-09-2012 E-commerce and Web 2.0: An intensive literature review on their impacts on international business and marketing Table of content Managerial summary ............................................................................................ 2 1. Background and research objectives .............................................................. 3 2. Research problem and research questions...................................................... 4 3. Research methodology ................................................................................... 6 4. Key findings .................................................................................................. 8 4.1. 4.1.1. 4.1.2. 4.1.3. 4.2. 4.2.1. 4.2.2. 4.3. 4.4. 4.4.1. 4.4.2. 4.4.3. 4.5. 4.5.1. 4.5.2. 4.5.3. 4.6. The impacts of Internet on International business and marketing .................................. 8 The impacts on international business ......................................................................... 8 The impacts on international entrepreneurship ............................................................ 9 The impacts on international companies‟ marketing ................................
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...Lessons from Alibaba.com: government’s role in electronic contracting Qin Hu Xun Wu and Clement K. Wang The authors Qin Hu is a Lawyer, Legal Counsel of China Merchants Sekou Industrial Zone Company Limited, Shenzhen, China. Xun Wu is based at the Wharton School, University of Pennsylvania, Philadelphia, Pennsylvania, USA. Clement K. Wang is Associate Director (Research), NUS Enterprise Centre, National University of Singapore, Singapore. Introduction Story of Alibaba.com The development of e-commerce has been nothing short of explosive in recent years. Many believe that its growth and impact will only become more prevailing in the future. The sale of goods by US firms over the Internet, for example, is predicted to reach $1.3 trillion by 2003. By 2004, European enterprises are expected to have online sales of $1.6 trillion[1]. Companies in China, with the largest population in the world, are also probing this new source of revenue. The China Internet Network Information Center (CNNIC) issued an Annual Report in Internet Development in January 2000 that estimates that there were 22.5 million Internet users in China at the end of 2000[2]. A recent nationwide survey showed that China had more than 1,100 consumer related e-commerce Web sites by the end of the first quarter in 2000 (People’s Daily, 2000). Four Web companies, Sina.com, Sohu.com, China.com, and Netease.com have already been listed on the NASDAQ. However, the country’s e-commerce market is still in its infancy....
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...Assignments NOTE: The reading and viewing materials can be found in the LibGuide on Blackboard for this course. Read each of the following articles. * The Evolution and future of logistics and supply chain management - Ballou, Ronald. European Business Review19. 4 (2007): 332-348 DOI 10.1108/09555340710760152 * Logistics and supply chain management applications within a global context: An overview - Schoenherr, Tobias Journal of Business Logistics30. 2 (2009): 1-VII * Strategic supply chain management: Improving performance through a culture of competitiveness and knowledge development - Hult, G. Tomas M.; Ketchen, David J.; Arrfelt, Mathias Strategic Management Journal, Oct2007, Vol. 28 Issue 10, p1035-1052 * Supply chain management and its relationship to logistics, marketing, production, and operations management - Mentzer, John T; Stank, Theodore P; Esper, Terry L. Journal of Business Logistics29. 1 (2008): 31-VII * Supply chain management and retailing. - Sparks, Leigh Supply Chain Forum: International Journal. 2010, Vol. 11 Issue 4, p4-12. View each of the following: * Video –Supply Chain Management, (Libguide, Steaming Videos Tab) * Video –What is Supply Chain Management, (Libguide, Steaming Videos Tab) The written assignment for this week is found on the next page. Assignment 1.1: Due Fifth Day of the Week (Midnight CST) (100 Points) Post the following directly in the...
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...INTERNATIONAL COMMERCIAL ARBITRATION 5.9 Electronic Arbitration ii Dispute Settlement NOTE The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. This module has been prepared by Mr. O. Cachard at the request of the United Nations Conference on Trade and Development (UNCTAD). The views and opinions expressed in this module are those of the author and not necessarily those of the United Nations, WTO, WIPO, ICSID, UNCITRAL or the Advisory Centre on WTO Law. The designations employed and the presentation of the material do not imply an expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory, city or areas or of its authorities, or concerning the delimitation of its frontiers or boundaries. In quotations from the official documents and the jurisprudence of international organizations and tribunals countries are designated as reported. The United Nations holds copyright to this document. The course is also available in electronic format on the UNCTAD website (www.unctad.org). Copies may be downloaded free of charge on the understanding that they will be used for teaching or study and not for a commercial purpose. Appropriate acknowledgement of the source is requested. UNCTAD/EDM/Misc.232/Add.20 Copyright © United Nations, 2003 All rights reserved 5.9 Electronic Arbitration iii TABLE OF CONTENTS Note What you will learn 1...
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...Journal of International Commercial Law and Technology Vol. 5, Issue 3 (2010) The role of South Africa in SADC regional integration: the making or braking of the organization∗ Saurombe Amos University of South Africa Sauroa@unisa.ac.za Abstract. The economic and political strength of South Africa in Southern Africa is undeniable. South Africa is the strongest economy in Southern Africa and in the whole continent of Africa. Regional and global interests lie at the heart of South African’s foreign policy resulting in the need to create compromises that may disadvantage the SADC block. South Africa is the current chair of SADC and its leadership role is critical. The country is also the gateway to foreign direct investment to the developing world. This paper seeks to discuss the critical position which South Africa finds itself in. The challenge to provide leadership at regional and global level has also been compounded by the domestic outcry for a need to deal with issues at home. South Africa holds the key for the success of SADC both at economic and political levels. However SADC’s dependence on South Africa may turn out to be a stumbling block since there is divided attention. This has been shown by South Africa’s ‘go it alone’ approach when it comes to negotiating trade agreements, e.g. with the EU, as well as its unwillingness to compromise on the Economic Partnership Agreements (EPAs) that the other SADC Members States are signing. What is obvious is that SADC needs...
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...marketability of the sustainable development from both the side of government and the side of ventures in current situation of China. It researches marketing in architecture industry as well as legal codes, national policies and the impacts of technology, social culture and environment. It claims that ventures are in the center of economy, alongside they must be focused in sustainable architecture market too. It also contains a case study, comparing the investment and incomes...
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...International Journal on New Computer Architectures and Their Applications (IJNCAA) 2(1): 127-137 The Society of Digital Information and Wireless Communications, 2012 (ISSN: 2220-9085) Cyber Forensics: Computer Security and Incident Response Virginiah Sekgwathe1, Mohammad Talib2 1 Directorate on Corruption and Economic Crime, Gaborone, BOTSWANA veesek@gmail.com 2 Department of Computer Science, University of Botswana, BOTSWANA talib@mopipi.ub.bw ABSTRACT The intensification of Information and Communications Technology usage in all facets of life exceedingly amplify the incidents of information security policy breaches, cyber crimes, fraud, commercial crimes, cyber laundering etc, hence require a well developed approach to tackle these incidents in order to realize legally defensible digital evidence. Since electronic evidence is fragile and can easily be modified, finding this data, collecting, preserving, and presenting it properly in a court of law is the real challenge. There is a need for use of semantic analysis to discover underlying security policy requirements and internal power structures and institutionalization of anti cyber attack, antimoney-laundering and regulatory schemes. The first responders to cyber security incidents often than always are an organization ICT personnel who are technically sound though may be deficient in investigative skill. The scientific standards of cyber forensics dictates the procedure as it promotes...
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...Journal of Traffic and Logistics Engineering Vol. 2, No. 3, September 2014 A Car Monitoring System for Self Recording Traffic Violations Ahmed M. Elmahalawy Computer Science and Engineering Department, Faculty of Electronics Engineering, Minufiya University Menouf, 32952, El-Minufiya, Egypt Email: ahmed.elmahalawy@el-eng.menofia.edu.eg; a_elmhalaway@hotmail.com which ought to be considered as sufficiently independent. These two major sub-systems are: 1) the transaction subsystem and 2) the enforcement subsystem. [2] Another example is video technology applications for traffic management and safety. This technology offers both tangible and intangible benefits. Video technology requires a substantial up- front investment costs for the purchase and installation of equipment and training of staff. Due to the complexity of video systems and the rapid pace of change related to this technology, agencies may overlook some applications while using resources to implement less valuable applications. [3] Over the last few years there has been a growing interest in Intelligent Speed Adaptation (ISA), to solve the problem of exceeding the speed limits. ISA has the potential to significantly reduce the incidence and severity of road trauma in many countries all over the world. [4], [5] The remainder of this paper is organized as follows: Section 2 gives a background of previous work in this field. Overview of Self Recording Traffic Violations system is presented...
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...* What laws govern arbitration in the U.S.? In Russia? Monarch Associates entered into a joint venture with Vladir Unlimited. Before signing this agreement did both parties really understand what a joint venture was going to entail. According to Jane Mallor a joint venture is “a form of business organization identical to a partnership, except that it is engaged in a single project, not carrying on a business” (Mallor, 2013). “When individuals, partnerships, or corporations make a private agreement to finance, produce, and sell goods, securities, or commodities for a limited purpose and/or a limited time, they have formed a joint venture. Joint ventures are a popular way for developing nations to attract foreign capital. (2008, Kubasek). The benefits and risks associated with a joint venture can be both beneficial and/or destructive. Some benefits can be as follows: 1) access to new markets and distribution networks 2) increased capacity, sharing the risks with a partner 3) access to greater resources and technology Some risks associated with joint ventures are: 1) The objectives of the venture are not 100 per cent clear and communicated to all those involved 2) The partners have different objectives for the venture 3) Different cultures and management styles resulting in poor integration and cooperation of the parties involved. These are just a few of the benefits and risks for those who are interested in joint ventures. * In your opinion,...
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...Corporate Residence in the Modern World Name Course 1.0 Introduction This phrase ‘central management and control’ was coined by Lord Loreburn in the landmark case ruling of De Beers Consolidated Mines Ltd v Howe (1906) 5 TC 198 at 213 in the early years of the 20th Century. Case Background Previously, the company’s headquarters was at Kimberly meaning that almost all its general meetings were carried out there. Its main business was Diamond Mining in South Africa which were sold through contracts that ran annually for delivery in South Africa. Some of the company’s directors were South African Residents and these directors meetings were carried out both in Kimberly and London in the United Kingdom. But looking at the composition of its directors, most of them were England residents. Meetings that were held in the English Capital were used to make most of the key decisions that impacted greatly on the direction of the company’s business. The London based office was the one that engaged in all of the negotiations concerning contracts with the syndicates that bought the diamonds. This office was also the one that determined how the mines were to be developed, directors’ appointments etc.In short, it was London that controlled and imposed the key decisions taken by the company directors that even affected Kimberly and its activities in South Africa. Lord Loreburn, after reviewing all these facts, found it appropriate to treat the Company as a resident of the United Kingdom...
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