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Legal Framework for E-Commerce Transactions in the Caribbean Community (CARICOM)

Legal Framework for E-Commerce Transactions in the Caribbean Community (CARICOM). Dr Christine Riefa “ A fresh look at online dispute resolution and global e-commerce”, March 29-30, 2010 Vienna, Austria. Data Sources.

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Legal Framework for E-Commerce Transactions in the Caribbean Community (CARICOM)

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  1. Legal Framework for E-Commerce Transactions in the Caribbean Community (CARICOM) Dr Christine Riefa “ A fresh look at online dispute resolution and global e-commerce”, March 29-30, 2010 Vienna, Austria

  2. Data Sources • “Information Society Statistical Profiles” for the Americas in 2009 published by the International Telecommunications Union. • Chart 1.15 • Chart 1.16 • Chart 1.17

  3. CARICOM • Treaty of Chaguarmaras 1973 • Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM single market and economy(revised 2001) • 14 Member States from Belize to Barbados and including Haiti and Suriname.

  4. Legal basis for a framework on electronic commerce in CARICOM region • no direct reference in the Revised Treaty • But protection of consumers using e-commerce may be achieved using the below legal basis: • Article 6 on the objectives of the Community • Article 184 on Consumer protection • Other articles in the Treaty in particular on provision of services • Article 239 (protocol on electronic commerce)

  5. Numerous Initiatives National Initiatives (review still ongoing) Regional Initiatives • CARICOM ICT 4 Development • Draft Model Law on Consumer Protection (2008) – but lacking distance selling protection for consumers • Currently DEVELOPMENT OF MODEL CONSUMER POLICIES IN THREE CRITICAL AREAS which includes electronic commerce (+ safety and sustainable consumption) • Policy recommendations for protection of consumers buying through electronic commerce

  6. Challenges faced by CARICOM members • Diversity of Legal systems (some problems may be similar to EU) • Young regional organisation still in the making • Users more savvy than legislators? • Small populations – e-commerce mostly with the USA rather than within Region (Problems with jurisdiction and conflicts of law) • Need for a correlation with international systems (national and Regional) • Payment Systems are an issue (lack of trust / cultural obstacles) • Court system not well adapted to Consumer disputes nor electronic commerce disputes – prime candidate for ODR?

  7. Thank you for your attention • Any questions? • Contact: Christine.riefa@brunel.ac.uk

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