Foreword |
|
xvii | |
Acknowledgements |
|
xix | |
|
Opportunities and Challenges |
|
|
1 | (8) |
|
|
1 | (1) |
|
|
2 | (6) |
|
|
3 | (2) |
|
|
5 | (3) |
|
|
8 | (1) |
|
|
9 | (28) |
|
|
9 | (1) |
|
Admissibility of Electronic Evidence |
|
|
10 | (18) |
|
|
11 | (1) |
|
Electronic Data and the Hearsay Rule |
|
|
12 | (4) |
|
Legislative Exceptions to the Rule against Hearsay |
|
|
16 | (1) |
|
Computer-Specific Approach |
|
|
17 | (1) |
|
Business Records Approach |
|
|
18 | (1) |
|
Business Records Provisions other than those in the Evidence Act 1995 (Cth & NSW) |
|
|
18 | (2) |
|
Business Records Provisions Under the Evidence Act 1995 (Cth & NSW) |
|
|
20 | (3) |
|
Electronic Data and the Rule Requiring Original Documents |
|
|
23 | (3) |
|
Electronic Data and the Rule Excluding Opinion Evidence |
|
|
26 | (1) |
|
Present State of the Law Relating to Admissibility of Electronic Data |
|
|
27 | (1) |
|
Reliability of Electronic Evidence |
|
|
28 | (6) |
|
|
32 | (1) |
|
|
32 | (1) |
|
Proof of Submission and Proof of Delivery |
|
|
32 | (1) |
|
|
33 | (1) |
|
Private International Law Issues |
|
|
34 | (2) |
|
|
36 | (1) |
|
|
37 | (14) |
|
|
37 | (1) |
|
Creation of the Contract of Sale |
|
|
37 | (1) |
|
The Role of Writing in the Creation of the Contract of Sale |
|
|
38 | (1) |
|
|
39 | (6) |
|
Legal Requirement for Writing |
|
|
39 | (3) |
|
Effects of Written Elements of the Contract |
|
|
42 | (1) |
|
Electronic Replication of the Functions of the Contract Document |
|
|
43 | (1) |
|
Formal Validity Requirements |
|
|
43 | (1) |
|
|
43 | (1) |
|
Record Retention Requirements |
|
|
44 | (1) |
|
Internal Business and Commercial Requirements |
|
|
44 | (1) |
|
Desirability of Replicating the Functions of the Contract Document Electronically |
|
|
45 | (1) |
|
|
|
|
45 | (1) |
|
Electronic Replication of Quotations |
|
|
46 | (1) |
|
Desirability of Replicating the Functions of the Quotation Electronically |
|
|
46 | (1) |
|
|
46 | (1) |
|
Electronic Replication of the Functions of the Purchase Order |
|
|
46 | (1) |
|
Desirability of Replicating the Functions of the Purchase Order Electronically |
|
|
47 | (1) |
|
The Sale or Commercial Invoice |
|
|
47 | (1) |
|
Electronic Replication of the Functions of the Commercial Invoice |
|
|
48 | (1) |
|
Desirability of Replicating the Functions of the Commercial Invoice Electronically |
|
|
48 | (1) |
|
|
48 | (1) |
|
Electronic Replication of the Functions of the Confirmation Slip |
|
|
49 | (1) |
|
Desirability of Replicating the Functions of the Confirmation Slip Electronically |
|
|
49 | (1) |
|
The Countersigned Acceptance Form |
|
|
49 | (1) |
|
Electronic Replication of the Functions of the Countersigned Acceptance Form |
|
|
50 | (1) |
|
Desirability of Replicating the Functions of the Countersigned Acceptance Form Electronically |
|
|
50 | (1) |
|
|
50 | (1) |
|
Carriage of Goods and Transport Documents |
|
|
51 | (42) |
|
|
51 | (1) |
|
Creation of the Contract of Carriage |
|
|
52 | (2) |
|
Documents Generated Under the Carriage Contract |
|
|
54 | (1) |
|
Functions of Documents Generated under Sea-Carriage Contract |
|
|
54 | (3) |
|
The Law of Carriage of Goods by Sea |
|
|
54 | (3) |
|
The Nature of the Documents |
|
|
57 | (1) |
|
|
57 | (35) |
|
|
57 | (1) |
|
Electronic Replication of the Functions of the Charterparty |
|
|
58 | (1) |
|
Desirability of Replicating the Functions of the Charterparty Electronically |
|
|
58 | (1) |
|
|
59 | (1) |
|
Electronic Replication of the Functions of the Booking Note |
|
|
60 | (1) |
|
Desirability of Replicating the Functions of the Booking Note Electronically |
|
|
60 | (1) |
|
Booking Confirmation Note |
|
|
60 | (1) |
|
Electronic Replication of the Functions of the Booking Confirmation Note |
|
|
60 | (1) |
|
Desirability of Replicating the Functions of the Booking Confirmation Note Electronically |
|
|
60 | (1) |
|
|
60 | (1) |
|
Electronic Replication of the Functions of the Sea Waybill |
|
|
61 | (2) |
|
Desirability of Replicating the Functions of the Sea Waybill Electronically |
|
|
63 | (1) |
|
|
63 | (1) |
|
Bill of Lading as Acknowledgement of Receipt |
|
|
64 | (2) |
|
Bill of Lading as Evidence of the Contract of Carriage |
|
|
66 | (1) |
|
Bill of Lading as a Document of Title to Goods |
|
|
67 | (5) |
|
Electronic Replication of the Negotiability Function of the Bill of Lading |
|
|
72 | (6) |
|
Practical Problems to EBLs |
|
|
78 | (1) |
|
Analysis of the SeaDocs System |
|
|
78 | (2) |
|
Analysis of the CMI Rules |
|
|
80 | (3) |
|
|
83 | (1) |
|
|
83 | (3) |
|
|
86 | (1) |
|
Bolero Compared with Previous EBLs Systems |
|
|
87 | (1) |
|
|
87 | (1) |
|
|
88 | (1) |
|
|
89 | (1) |
|
|
90 | (1) |
|
Electronic Replication of the Functions of the Delivery Order |
|
|
91 | (1) |
|
Desirability of Replicating the Functions of the Delivery Order Electronically |
|
|
92 | (1) |
|
|
92 | (1) |
|
|
93 | (20) |
|
|
93 | (1) |
|
Formation of the Transit Insurance Contract |
|
|
94 | (1) |
|
|
95 | (5) |
|
|
96 | (2) |
|
Electronic Replication of the Functions of the Slip |
|
|
98 | (1) |
|
Desirability of Replicating the Functions of the Slip Electronically |
|
|
98 | (2) |
|
|
100 | (6) |
|
|
100 | (2) |
|
Electronic Replication of the Functions of the Insurance Policy |
|
|
102 | (1) |
|
Validity of Electronic Insurance Policy |
|
|
102 | (1) |
|
|
103 | (2) |
|
Desirability of Replicating the Functions of the Marine Insurance Policy Electronically |
|
|
105 | (1) |
|
The Certificate of Insurance |
|
|
106 | (3) |
|
Functions of the Certificate of Insurance |
|
|
107 | (1) |
|
Electronic Replication of the Functions of the Certificate of Insurance |
|
|
108 | (1) |
|
Desirability of Replicating the Functions of the Certificate of Insurance Electronically |
|
|
109 | (1) |
|
|
109 | (1) |
|
Functions of the Broker's Cover Note |
|
|
109 | (1) |
|
Electronic Replication of the Functions of the Broker's Cover Note |
|
|
110 | (1) |
|
Desirability of Replicating the Functions of the Broker's Cover Note Electronically |
|
|
110 | (1) |
|
|
110 | (1) |
|
Functions of the Letter of Insurance |
|
|
110 | (1) |
|
Electronic Replication of the Functions of the Letter of Insurance |
|
|
111 | (1) |
|
Desirability of Replicating the Functions of the Letter of Insurance Electronically |
|
|
111 | (1) |
|
Legal Reform in Australia |
|
|
111 | (1) |
|
|
112 | (1) |
|
Payment in Paperless Trade |
|
|
113 | (36) |
|
|
113 | (1) |
|
Reasons for the Documentary Credit's Popularity |
|
|
113 | (14) |
|
Cash in Advance or Prepayment |
|
|
114 | (1) |
|
Payment on Account or Open Account |
|
|
114 | (1) |
|
|
115 | (2) |
|
Documentary Letter of Credit |
|
|
117 | (3) |
|
Advantages of Documentary Credits |
|
|
120 | (1) |
|
|
120 | (1) |
|
|
120 | (1) |
|
|
121 | (1) |
|
Disadvantages of Documentary Credits |
|
|
121 | (1) |
|
|
121 | (1) |
|
|
122 | (1) |
|
|
123 | (1) |
|
|
123 | (2) |
|
|
125 | (1) |
|
|
125 | (1) |
|
Reciprocal Sales Agreements (or Counterpurchase) |
|
|
125 | (1) |
|
|
126 | (1) |
|
Importance of Countertrade |
|
|
126 | (1) |
|
Disadvantages of Countertrade |
|
|
126 | (1) |
|
Relevancy of Documentary Credits in Paperless Trade |
|
|
127 | (4) |
|
Security for Payment and Paperless Documentation |
|
|
127 | (2) |
|
Liquidity and Paperless Documentation |
|
|
129 | (1) |
|
Proximity and the Paperless Era |
|
|
130 | (1) |
|
Are There Alternative Methods of Providing Security, Liquidity, and Proximity? |
|
|
131 | (10) |
|
|
132 | (2) |
|
|
134 | (1) |
|
|
135 | (1) |
|
|
136 | (1) |
|
Standby Letters of Credit |
|
|
136 | (1) |
|
Guarantees, Performance Bonds, and Standbys as Alternatives for the Documentary Credit |
|
|
136 | (3) |
|
Documentary Credit Compared with Bank Undertaking Instruments |
|
|
139 | (1) |
|
Emerging Electronic Payment Systems |
|
|
139 | (1) |
|
|
140 | (1) |
|
Electronic (Digital) Cheques |
|
|
140 | (1) |
|
|
140 | (1) |
|
International Electronic Credit Transfers |
|
|
140 | (1) |
|
Electronic Documentary Credits |
|
|
141 | (6) |
|
Contract between the Buyer and Issuing Bank |
|
|
142 | (1) |
|
Arrangement between the Issuing Bank and Correspondent Bank |
|
|
143 | (1) |
|
Arrangement between the Correspondent Bank and Beneficiary |
|
|
144 | (1) |
|
Arrangement between the Issuing Bank and Beneficiary |
|
|
144 | (1) |
|
The Documentary Credit Mechanism and Electronic Systems |
|
|
145 | (2) |
|
|
147 | (2) |
|
The Information and Communication Technologies Gap |
|
|
149 | (14) |
|
|
149 | (1) |
|
Nature and Causes of the ICT Gap |
|
|
149 | (12) |
|
Government Departments and Paperless Documentation |
|
|
152 | (1) |
|
Automated Systems for Customs Data |
|
|
153 | (1) |
|
The ASYCUDA Programme and Implementation |
|
|
153 | (2) |
|
Advanced Cargo Information System |
|
|
155 | (2) |
|
|
157 | (2) |
|
Commercial Parties and Paperless Documentation |
|
|
159 | (1) |
|
Financial Institutions and Paperless Documentation |
|
|
160 | (1) |
|
Present Low-Tech Scenario in Developing Countries |
|
|
160 | (1) |
|
Implications of the ICT Gap |
|
|
161 | (1) |
|
|
162 | (1) |
|
|
163 | (26) |
|
|
163 | (1) |
|
|
163 | (6) |
|
Necessary Features of a Dual System |
|
|
164 | (1) |
|
PBLs and EBLs must be Obtainable on Shipment |
|
|
164 | (1) |
|
EBLs must be Convertible to PBLs |
|
|
164 | (1) |
|
Convertibility from EBL to PBL under the CMI Rules |
|
|
165 | (1) |
|
Convertibility from EBL to PBL under Bolero |
|
|
165 | (1) |
|
PBLs must be Convertible to EBLs |
|
|
166 | (2) |
|
|
168 | (1) |
|
Delays under the Dual System |
|
|
168 | (1) |
|
Cost of Maintaining a Dual System |
|
|
168 | (1) |
|
Possible lack of Support by Hi-tech Entities |
|
|
168 | (1) |
|
|
169 | (10) |
|
Function of a TPF in a Semi-LT Environment |
|
|
169 | (1) |
|
Services to Importers in a Semi-LT Environment |
|
|
170 | (1) |
|
Services to Exporters in a Semi-LT Environment |
|
|
170 | (1) |
|
Services to Government Departments in a Semi-LT Environment |
|
|
170 | (1) |
|
Functions of a TPF in a Demi-LT Environment |
|
|
170 | (1) |
|
Services to Exporters in a Demi-LT Environment |
|
|
171 | (1) |
|
Services to Importers in a Demi-LT Environment |
|
|
171 | (1) |
|
Services to Banks in a Demi-LT Environment |
|
|
171 | (1) |
|
Relationship of Parties with TPFs in a Demi-LT Environment |
|
|
171 | (1) |
|
Functions of a TPF in an Absolute-LT Environment |
|
|
171 | (1) |
|
Services to Importers in an Absolute-LT Environment |
|
|
172 | (1) |
|
Services to Exporters in an Absolute-LT Environment |
|
|
172 | (1) |
|
Services to Government Departments in an Absolute-LT Environment |
|
|
172 | (1) |
|
Legal Forms and Organisation of TPFs |
|
|
172 | (1) |
|
|
173 | (1) |
|
|
173 | (1) |
|
Companies or Corporations as TPFs |
|
|
174 | (1) |
|
Commercial Companies as TPFs |
|
|
174 | (1) |
|
Not-For-Profit Corporations as TPFs |
|
|
175 | (1) |
|
|
175 | (2) |
|
Regulatory Regimes of TPFs |
|
|
177 | (2) |
|
Facilitating the Construction of the ICT Infrastructure |
|
|
179 | (8) |
|
|
180 | (1) |
|
Sources and Forms of Funding |
|
|
181 | (1) |
|
The World Bank as a Source of Funding Low-Tech Infrastructure Development |
|
|
182 | (4) |
|
Other Multilateral Sources |
|
|
186 | (1) |
|
|
187 | (1) |
|
|
187 | (2) |
Further Reading |
|
189 | (8) |
Index |
|
197 | |