ASEAN LAW STUDENTS' CONFERENCE XIII
20-23 October 2001
" Discover the Real World ,
Discover the Real ASEAN "
Themes of ALSC
Table I: E-Commerce; Mankindís Benefit or Lost
In the third unofficial ASEAN Social and Economic Meeting (ASEM) which was held in the Philippines in November 1999, the ASEAN nations' representatives signed the e-ASEAN Agreement. Two main conclusions were also arrived at - the first being to increase cooperation in developing electronics, and the second, to accelerate the development and growth of the field of Information Technology of the ASEAN region to a higher level in order to advance ASEANís competitiveness and enable it to compete globally.
Achieving the above status calls for a great many courses of action and much expenditure of effort and time. Thus, the e-ASEAN Agreement has three objectives (relevant to e-commerce). The first is the developing of an ASEAN Information Infrastructure to facilitate the flow of and access to digital information, content, services and transactions. The second, accelerating of the development and growth of e-commerce to boost ASEANís economic competitiveness, and lastly the facilitating and liberalizing of trade in Information and Communications Technology (ICT) products and services, and in investments among ASEAN countries.
At the moment, most ASEAN nations, because of (1) the vagueness of their laws and regulations that apply to Information Technology, (2) e-commerce transactions are considered private international dealings, and hence will bring about cases of conflict of laws, they face three similar problems namely:
(1) In civil proceedings relating to e-commerce, there are problems concerning the search of evidence, the examination of evidence, and the enforcement of court decisions;
(2) In the matter of taxation, since e-commerce is in effect international trading, therefore the question as to which country or countries should impose and/ or benefit from taxation on the commercial transactions; and
(3) Due to the international nature of e-commerce, disputes arising from transactions are bound to be decided differently pursuant to the laws of different countries. It gives rise to the contention as to which countries law should be applied.
Consequent to the lack of clear and practical e-commerce laws, both the development and popularity of e-commerce will be slowed.
The conference will be an exchange of knowledge and search of remedies for the three aforesaid problems through discussions and the analyzing of case studies.
The aim of this conference is to provide an overview of e-commerce in the ASEAN region and increase the knowledge and understanding of the issue. With sufficient knowledge, we will be able to understand and find remedies for the stated hindrances. Furthermore, it will enable us to develop e-commerce in our nations, and finally bring about serious cooperation which will, hopefully result in the ASEAN region's competency to compete globally.
The aforesaid comments constitute the framework for