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216.73.216.134
216.73.216.134
Legal Implications of the Dematerialization of Maritime Commercial Transactions: An International Perspective
( Časlav Pejović ) , ( Unho Lee )
UCI I410-151-25-02-091910127

This article explores the challenges and developments in the legal recognition of electronic trade documents within international trade, particularly focusing on the possession problem associated with their intangible nature. Despite advancements in technology that enable the creation of unique, identifiable electronic documents, most legal frameworks continue to rely on traditional paper documents due to their tangible nature, which allows for legal possession. This study examines the initiatives by the United Nations Commission on International Trade Law (UNCITRAL), notably the Model Law on Electronic Transferable Records (MLETR) of 2017, which seeks to provide a legal framework for the recognition of such records. Furthermore, it reviews various national legislative efforts before (e.g. US, Germany, and South Korea) and after (e.g. Singapore, Japan, UK) the MLETR was adopted, highlighting their approaches to integrating these documents into their legal systems, with a particular focus on adapting the concept of possession to accommodate the digital format. The analysis reveals divergent approaches across jurisdictions, with significant implications for the harmonization of laws governing electronic trade documents. While the MLETR proposes a shift towards the concept of exclusive control instead of traditional possession, jurisdictions like the UK with the Electronic Trade Documents Act (ETDA) expand the notion of possession to include electronic documents. The paper concludes that while there are variations in terminology and legal concepts, the overarching goal is to facilitate the broader use and legal recognition of electronic trade documents, ultimately enhancing the efficiency and cost-effectiveness of international trade. The future potential for global harmonization and the broader adoption of electronic trade documents remains a critical area for further research and legislative action.

Ⅰ. Introduction
Ⅱ. International Level: MLETR
Ⅲ. Legislative Efforts at National Level
Ⅳ. Conclusions
[자료제공 : 네이버학술정보]
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