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  Journal of International Commercial Law and Technology
  [SJR: 0.15]   [H-I: 5]   [1 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 1901-8401
   Published by International Association of IT Lawyers Homepage  [1 journal]
  • Some Legal Aspects of Cloud Computing Contracts

    • Authors: Carlos Alberto Rohrmann
      Abstract: Cloud computing is a technological reality that is being widely adopted by large companies. This study discusses cloud computing and information security. It also includes some of the advantages and risks, models of system and service adopted, as well as key services offered by the providers of cloud computing. It also addresses the legal issues of cloud computing contracts, with a focus on the contracting parties, on their goal and main clauses that must be addressed in this atypical contract, among them the integrity and confidentiality of data plus information requirements for supplying information and the purpose of the content stored in the case of breach of contract.
      PubDate: 2015-06-20
      Issue No: Vol. 10, No. 1 (2015)
       
  • The Indonesian Trade Law of 2014: The Provision on the Annulment of
           International Trade Agreement

    • Authors: Huala Adolf
      Abstract: In March 2014, the Government of the Republic Indonesia promulgated the Law No. 7 of 2014 on Trade. The Law is a new legislation. No law on trade has ever been promulgated before. The Law contains various issues on Trade. One of the controversial provisions embodied in the Law is the provision on the status of international trade agreement in Indonesia. The Law as embodied in Article 85, states that the government with the approval of the parliament, may review and annul the international trade agreements which have been signed by Indonesia. This provision is controversial because, the international agreement, including the international trade agreement, is the product of the consensus of the states participating in it. With the promulgation of the Law and especially the provision of article 85, can the Law be effectively implemented in the future?
      PubDate: 2015-06-20
      Issue No: Vol. 10, No. 1 (2015)
       
  • Thai and Australian Foreign Business Law and the Impact of the Thailand
           Australia FTA

    • Authors: Nucharee Nuchkoom Smith
      Abstract: When Thailand and Australia entered into a Free Trade Agreement in 2005 the public focus was largely on the trade in goods and the benefits that would accrue to each country with a more open market. What appears to have been largely neglected is that the Thailand Australia Free Trade Agreement also covers trade in services, foreign direct investment including commercial enterprises, and the movement of persons. This paper describes the foreign business laws that operate in each jurisdiction. It will be seen that those of Thailand are much more restrictive of foreign entry than those of Australia.
      Thailand provided additional concessions to Australian companies allowing them to operate in selected sectors such as consulting services, communications and education. Australia in its response reiterated that Australia was already a largely open market and Thailand was welcome to establish businesses and invest in Australia subject to the limited restrictions that apply to all foreign investors. Both countries agreed to facilitate the movement of persons associated with businesses established in the country of the other party. It is clear that Australia was the major beneficiary from these initiatives. This needs to be balanced against the fact that Australia had granted Thailand major concessions in opening its market to tariff and duty free entry of most Thai goods.
      PubDate: 2015-06-20
      Issue No: Vol. 10, No. 1 (2015)
       
  • The brewing tug-of war between South Africa's Chapter 9 Institutions:
           The Public Protector vs the Independent Electoral Commission

    • Authors: Nomthandazo Ntlama
      Abstract: The release of the Public Protector’s final report on the allegations of maladministration against the chairperson of the Independent Electoral Commission has put under the microscope the development of the principles of the rule of law within the context of the powers and functions of these institutions in furthering the objectives of the new constitutional dispensation. It generated debates on whether these institutions are fulfilling their duty of promoting constitutional democracy or are at each other’s throats. These debates rests on the interrelationship that exist between the principle of accountability and the legitimate role that is played by the institutions themselves in ensuring the proper and effective strengthening of South Africa’s democracy. The debates also focus on the government’s commitment to the advancement of the rule of law in the regulation of state authority.Against this background, this paper examines the application of the principle of the rule of law within the framework of Chapter 9 institutions with particular reference to the Public Protector and the Independent Electoral Commission. Such undertaking is motivated by the recent release of the report as indicated above which reinforced the objective of having established the ‘anti-corruption and ethical institutions in bringing about good governance’ who subsequently became embroiled in a “cat-fight” over the legitimacy of their powers. The intention is not to analyse the constitutional status or history of these institutions but rather on the factors that have the potential to compromise their integrity and legitimacy in upholding the principles of the rule of law as foundational values of the new dispensation.
      PubDate: 2015-06-20
      Issue No: Vol. 10, No. 1 (2015)
       
  • Business Identity Theft under the UDRP and the ACPA: Is bad faith always
           bad for business advertising?

    • Authors: Bukola Faturoti
      Abstract: Websites have provided a very strong platform for businesses to reach their customers. They surpass the regular billboards by providing portals through which transactions are conducted without any physical contacts between a seller and a buyer. This usefulness underscores the importance of domain names through which websites are navigated. Cybersquatters have in bad faith targeted or hijacked domain names of famous and reputable businesses exploiting the goodwill of these names and misleading customers and other internet users. This paper explores the construction of bad faith under both the Uniform Dispute Resolution Policy and the US Anticybersquatting Consumer Protection Act. The paper argues that, despite some inconsistencies, “bad faith” elements have been broadly interpreted to embrace various activities of cybersquatters. It cautions that an overzealous application of the instruments may stifle freedom of speech.
      PubDate: 2015-06-20
      Issue No: Vol. 10, No. 1 (2015)
       
 
 
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