Law and electronic commerce: does the norm keep up with and control technology and innovation?

Kambovski, Igor (2023) Law and electronic commerce: does the norm keep up with and control technology and innovation? Law Between Creation and Interpretation, II. pp. 452-462. ISSN ISBN: 978-99938-57-74-7

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Abstract

In the past, lawmakers had to face and obey the challenges arising from specific social conditions and specific communities or nations. International law bridged the gap, but it often took years and decades for a particular 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 meanti-me, the Internet has developed to unprecedented proportions, leading to the emergence of E-commerce, which brought about a revolution in providing commercial services. The creation of law is a complicated and slow pro-cess, and technological advances are too rapid, so there is a problem and a dilemma: can law keep pace with the dynamic changes and development of information and communication technologies? Every new law that governs the relationships arising from 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 are too broadly set or imprecise to be lasting, which in turn increases legal uncertainty, which then, inversely proportionally, affects the trust among entities that participate in E-commerce. Also, technical achievements crea-te 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.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	07 Dec 2023 12:16
Last Modified:	07 Dec 2023 12:16
URI:	https://eprints.ugd.edu.mk/id/eprint/32810

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