6. Application of best-practice laws and regulations
ASEAN resolves to establish an economic community as a single market and production base. A harmonised legal infrastructure is required to facilitate the establishment and operation of this community. Matsumoto notes:
Many complaints, especially in B2C e-commerce, have resulted from differences of language, laws, regulations, business practices and a lack of communication. The working group obtained the common understanding that most of those complaints can be solved by offering advice and information to consumers. To solve cross-border B2C complaints effectively, complaint-handling organizations which have deep knowledge of the legal systems in each country should form a network with each other.
There are various ways that harmonisation of the e-commerce laws and regulations can be undertaken. Possible measures might include:
• ensuring the application of identified legal and regulatory best practice in all ASEAN Member States.
• providing for the recognition in a member state of any judgement, order or declaration of a legal or administered decision-making body of another member state in relation to an e-commerce matter.
Consideration might be given to attempting new and innovative ways of attaining harmonisation, including using interim measures. One such measure might be to have each member enact an e-commerce harmonisation law. This might provide that an identified best-practice law be deemed the law of the member state (using the identification process mentioned in Part 5, above). The harmonisation law might also provide that the identified law be applied mutatis mutandis as if it were the law of the member state. As an example, taking the case of country A, the effect of the harmonisation law might be that the law of country B regarding unfair
6. Application of best-practice laws and regulationsASEAN resolves to establish an economic community as a single market and production base. A harmonised legal infrastructure is required to facilitate the establishment and operation of this community. Matsumoto notes:Many complaints, especially in B2C e-commerce, have resulted from differences of language, laws, regulations, business practices and a lack of communication. The working group obtained the common understanding that most of those complaints can be solved by offering advice and information to consumers. To solve cross-border B2C complaints effectively, complaint-handling organizations which have deep knowledge of the legal systems in each country should form a network with each other.There are various ways that harmonisation of the e-commerce laws and regulations can be undertaken. Possible measures might include:• ensuring the application of identified legal and regulatory best practice in all ASEAN Member States.• providing for the recognition in a member state of any judgement, order or declaration of a legal or administered decision-making body of another member state in relation to an e-commerce matter.Consideration might be given to attempting new and innovative ways of attaining harmonisation, including using interim measures. One such measure might be to have each member enact an e-commerce harmonisation law. This might provide that an identified best-practice law be deemed the law of the member state (using the identification process mentioned in Part 5, above). The harmonisation law might also provide that the identified law be applied mutatis mutandis as if it were the law of the member state. As an example, taking the case of country A, the effect of the harmonisation law might be that the law of country B regarding unfair
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