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Given the global significance of e-commerce, international efforts have been made to harmonise specific legal issues. One of these is the UNCITRAL Model Law on Electronic Signatures. Some critics have labelled it as not being "sufficiently comprehensive" and "a half-hearted attempt" at harmonisation. You are required to research the provisions of the UNCITRAL Model Law on Electronic Signatures in detail and justify whether you agree or disagree.

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Solution Summary

The global significance of e-commerce, international efforts and harmonies specific legal issues.

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The UNCITRAL Model Law on Electronic Signatures is a resolution adopted by the United Nations general assembly that seeks to continue the harmonization of commerce between nations with a specification recognizing the important role that electronic commerce bears upon international trade. Therefore, the (UMLES) was inducted into the UN charter as a law design to be the benchmark on how countries using electronic signature as the contractual binding agreement should conduct these commerce transactions. This law has 12 pertinent provisions or articles that attempt to dictate what should be garnered from this law beginning with article 1 (sphere of application). Article1 does give the signatories the ability to replace or override rules of law in place protecting consumers, but is applicable in the context of commercial activities in which the form of signature is electronic. Therefore, the first article establishes the paradigm of the law and how it can be applied in practice (LawAsia, 2002).

The next pertinent provision of this law is Article 2 that verifies the purpose of the law and what an electronic signature, certificate, data message, and signatory represents within the definition established by the general assembly. Electronic signatures according to the law are defined as data posited in electronic form derived from data messages that are used as monikers to identify the signatory of the data message. These ...

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  • Masters of Science , Kaplan University
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