Law and electronic commerce-does the norm follow and control technology and innovation?

Kambovski, Igor (2022) Law and electronic commerce-does the norm follow and control technology and innovation? In: The XI Scientific conference on The occasion of The Day of The Faculty of Law, on general topic „Law Between Creation and Interpretation“, organized by Faculty of Law, University of East Sarajevo, 05 Nov 2022, Pale, East Sarajevo, Rep. Srpska (Bosnia and Hercegovina). (In Press)

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Abstract

Every new conquered or at least touched border, in all
spheres of society, is characterized by a lack of laws that would regulate that "newly conquered territory". In the past, law makers had to face and obey the challenges arising from the specific social conditions and the specific community or nation. International law bridged the gap, but it often took years and decades for a specific legal norm to be formulated, agreed upon, and put into effect. But it was so before and during the industrial revolution, before technology began to guide us, our society and our institutions, before our dependence on a world governed by computers and the Internet began, in which man had to find his place, prosperity and well-being. In the meantime, the Internet has developed to unprecedented proportions, leading to the emergence of E-commerce, which represented a kind of revolution in the field of providing commercial services. The creation of law is a complicated and slow process, and technological advances are too fast, so there is a problem and a dilemma: can law follow the dynamic changes and development of information and communication technologies? Every new law that legally regulates the relationships that arise with the use of new technologies quickly becomes obsolete and there is a need for its revision and modification, and so on ad infinitum. This contributes to the creation of legal norms that, in order to last, are too broadly set or imprecise, which in turn increases legal uncertainty, which, in turn, inversely proportionally affects the trust among entities that participate in E-commerce. Also, technical achievements create certain practical standards much faster than the law is able to regulate them. Therefore, a standard de facto becomes a norm long before the law normatively supports such a standard.

Keywords: Еlectronic commerce; Norm; Technology

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	02 Feb 2023 07:18
Last Modified:	02 Feb 2023 07:18
URI:	https://eprints.ugd.edu.mk/id/eprint/31166

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