Part II Electronic Documents: Legal Framework, 6 Legal Framework to Govern Electronic Transport Documents

Subject(s):

Electronic commerce and choice of law — Documents

This chapter addresses the legal framework to govern electronic transport documents. It examines the extent to which these documents' functions can be replicated electronically under current laws. As far as English law is concerned, because the legislation covering transport documentation was not designed to cater for electronic alternatives, much uncertainty remains within national law that needs to be addressed contractually by the parties seeking to make use of these alternatives. Meanwhile, various standards and principles have begun to be established and are reflected in the laws of some other jurisdictions—particularly the United States as well as in certain international instruments—which can provide a basic legal framework to govern these alternatives.