A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Abstract

Chaired by Malaysia, the ASEAN Economic Community is taking place by December 2015 to create a single market comprising free movement of goods, services, investment, capital and skilled labour. To realise this, the ASEAN Charter emphasisesharmonised rules aside of the reduction/removal of tariff and technical barriers as this will place all ASEAN international traders on an equal footing apropos the law governing their transactions. To this end, ASEAN has paid particular attention to electronic commerce. However, the legal harmonisation is not all. There should be a coordinated system of dispute resolution to facilitate harmonisation. As there is no ASEAN Court, domestic courts have to settle disputes. In that case, unless they are coordinated or connected, domestic courts may come up with conflicting interpretations of law and legal decisions. To solve this issue, there should be a central e-repository system that will hold all the domestic courts' decisions classified into various categories of law. The legal community including the judges, arbitrators, lawyers, and academics will be able to know how differently legal rules have been interpreted and decisions made by the law courts and arbitration tribunals of different Member States. This will help them research further to develop a unified approach, namely ASEAN approach of interpretation, which will facilitate integration in the real world. By a theoretical and qualitative research, this paper focuses on the ASEAN legal harmonisation agenda, the likely difficulties in achieving uniformity in the judicial interpretation and decision making with examples of a couple of decided cases, and the role of an e-repository system to remove those difficulties. It concludes that the ASEAN should establish a case law e-repository implementing a modality framework suggested herein.

Original languageEnglish
Title of host publicationProceedings of the European Conference on e-Government, ECEG
PublisherAcademic Conferences Limited
Pages324-330
Number of pages7
Volume2015-January
ISBN (Print)9781910810194
Publication statusPublished - 2015

Fingerprint

Electronic commerce
Economics
Decision making
Personnel
Repository

Keywords

  • ICT and e-repository
  • Judicial interpretation
  • Legal harmonisation

ASJC Scopus subject areas

  • Business and International Management
  • Management of Technology and Innovation
  • Computer Networks and Communications

Cite this

Zahid, M. A., Mat Basir, S., & Mohd. Ali, H. (2015). A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce. In Proceedings of the European Conference on e-Government, ECEG (Vol. 2015-January, pp. 324-330). Academic Conferences Limited.

A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce. / Zahid, Md. Anowar; Mat Basir, Salawati; Mohd. Ali, Hasani.

Proceedings of the European Conference on e-Government, ECEG. Vol. 2015-January Academic Conferences Limited, 2015. p. 324-330.

Research output: Chapter in Book/Report/Conference proceedingConference contribution

Zahid, MA, Mat Basir, S & Mohd. Ali, H 2015, A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce. in Proceedings of the European Conference on e-Government, ECEG. vol. 2015-January, Academic Conferences Limited, pp. 324-330.
Zahid MA, Mat Basir S, Mohd. Ali H. A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce. In Proceedings of the European Conference on e-Government, ECEG. Vol. 2015-January. Academic Conferences Limited. 2015. p. 324-330
Zahid, Md. Anowar ; Mat Basir, Salawati ; Mohd. Ali, Hasani. / A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce. Proceedings of the European Conference on e-Government, ECEG. Vol. 2015-January Academic Conferences Limited, 2015. pp. 324-330
@inproceedings{1a8c1d4d064f4e758fc0e97362d096ed,
title = "A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce",
abstract = "Chaired by Malaysia, the ASEAN Economic Community is taking place by December 2015 to create a single market comprising free movement of goods, services, investment, capital and skilled labour. To realise this, the ASEAN Charter emphasisesharmonised rules aside of the reduction/removal of tariff and technical barriers as this will place all ASEAN international traders on an equal footing apropos the law governing their transactions. To this end, ASEAN has paid particular attention to electronic commerce. However, the legal harmonisation is not all. There should be a coordinated system of dispute resolution to facilitate harmonisation. As there is no ASEAN Court, domestic courts have to settle disputes. In that case, unless they are coordinated or connected, domestic courts may come up with conflicting interpretations of law and legal decisions. To solve this issue, there should be a central e-repository system that will hold all the domestic courts' decisions classified into various categories of law. The legal community including the judges, arbitrators, lawyers, and academics will be able to know how differently legal rules have been interpreted and decisions made by the law courts and arbitration tribunals of different Member States. This will help them research further to develop a unified approach, namely ASEAN approach of interpretation, which will facilitate integration in the real world. By a theoretical and qualitative research, this paper focuses on the ASEAN legal harmonisation agenda, the likely difficulties in achieving uniformity in the judicial interpretation and decision making with examples of a couple of decided cases, and the role of an e-repository system to remove those difficulties. It concludes that the ASEAN should establish a case law e-repository implementing a modality framework suggested herein.",
keywords = "ICT and e-repository, Judicial interpretation, Legal harmonisation",
author = "Zahid, {Md. Anowar} and {Mat Basir}, Salawati and {Mohd. Ali}, Hasani",
year = "2015",
language = "English",
isbn = "9781910810194",
volume = "2015-January",
pages = "324--330",
booktitle = "Proceedings of the European Conference on e-Government, ECEG",
publisher = "Academic Conferences Limited",

}

TY - GEN

T1 - A proposal for a case law e-repository for ASEAN economic community with particular reference to electronic commerce

AU - Zahid, Md. Anowar

AU - Mat Basir, Salawati

AU - Mohd. Ali, Hasani

PY - 2015

Y1 - 2015

N2 - Chaired by Malaysia, the ASEAN Economic Community is taking place by December 2015 to create a single market comprising free movement of goods, services, investment, capital and skilled labour. To realise this, the ASEAN Charter emphasisesharmonised rules aside of the reduction/removal of tariff and technical barriers as this will place all ASEAN international traders on an equal footing apropos the law governing their transactions. To this end, ASEAN has paid particular attention to electronic commerce. However, the legal harmonisation is not all. There should be a coordinated system of dispute resolution to facilitate harmonisation. As there is no ASEAN Court, domestic courts have to settle disputes. In that case, unless they are coordinated or connected, domestic courts may come up with conflicting interpretations of law and legal decisions. To solve this issue, there should be a central e-repository system that will hold all the domestic courts' decisions classified into various categories of law. The legal community including the judges, arbitrators, lawyers, and academics will be able to know how differently legal rules have been interpreted and decisions made by the law courts and arbitration tribunals of different Member States. This will help them research further to develop a unified approach, namely ASEAN approach of interpretation, which will facilitate integration in the real world. By a theoretical and qualitative research, this paper focuses on the ASEAN legal harmonisation agenda, the likely difficulties in achieving uniformity in the judicial interpretation and decision making with examples of a couple of decided cases, and the role of an e-repository system to remove those difficulties. It concludes that the ASEAN should establish a case law e-repository implementing a modality framework suggested herein.

AB - Chaired by Malaysia, the ASEAN Economic Community is taking place by December 2015 to create a single market comprising free movement of goods, services, investment, capital and skilled labour. To realise this, the ASEAN Charter emphasisesharmonised rules aside of the reduction/removal of tariff and technical barriers as this will place all ASEAN international traders on an equal footing apropos the law governing their transactions. To this end, ASEAN has paid particular attention to electronic commerce. However, the legal harmonisation is not all. There should be a coordinated system of dispute resolution to facilitate harmonisation. As there is no ASEAN Court, domestic courts have to settle disputes. In that case, unless they are coordinated or connected, domestic courts may come up with conflicting interpretations of law and legal decisions. To solve this issue, there should be a central e-repository system that will hold all the domestic courts' decisions classified into various categories of law. The legal community including the judges, arbitrators, lawyers, and academics will be able to know how differently legal rules have been interpreted and decisions made by the law courts and arbitration tribunals of different Member States. This will help them research further to develop a unified approach, namely ASEAN approach of interpretation, which will facilitate integration in the real world. By a theoretical and qualitative research, this paper focuses on the ASEAN legal harmonisation agenda, the likely difficulties in achieving uniformity in the judicial interpretation and decision making with examples of a couple of decided cases, and the role of an e-repository system to remove those difficulties. It concludes that the ASEAN should establish a case law e-repository implementing a modality framework suggested herein.

KW - ICT and e-repository

KW - Judicial interpretation

KW - Legal harmonisation

UR - http://www.scopus.com/inward/record.url?scp=84940859116&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84940859116&partnerID=8YFLogxK

M3 - Conference contribution

AN - SCOPUS:84940859116

SN - 9781910810194

VL - 2015-January

SP - 324

EP - 330

BT - Proceedings of the European Conference on e-Government, ECEG

PB - Academic Conferences Limited

ER -