Global Legal Issues OF E-Commerce Are the jurisdiction to try offences under the ETO is vested with the session courts in Pakistan. It may not be out of place to mention here about the hierarchy of courts in Pakistan . Law is broadly divided into two classes on the basis of nature of wrong, namely, civil law and criminal law. Civil law deals with the private rights of the parties, whereas the object of criminal law is to punish the wrong-doer. Civil wrongs such as breach of contract are deemed to violate only the rights of individuals and not the society in general. On the other hand, a criminal wrong (crime) is an act deemed by law to be harmful to the society in general such as theft or murder Legal Issues etc. and the state itself is a party in such matters.
At the bottom of hierarchy, the court having jurisdiction to try civil wrongs is the civil court and the one having jurisdiction to try crimes is the court of magistrate. Appeal against the decision of a civil court or magistrate, in many cases, can be filed in the District court (in civil matters) and in the Session court (in criminal matters), respectively. Further,In Legal Issues an appeal can be filed in the High court, in most cases, against the decision of the district/session court.
Likewise, the decision of the High court can be challenged in most cases before the Supreme Court of Pakistan, which is the apex court (the court at the top of the hierarchy). It may be noted that High Court in certain matters has an extraordinary jurisdiction to entertain cases under Article 199 of the Constitution of Pakistan, which is called the writ jurisdiction of the High Court. Legal Issues or instance, where a government body has breached any law, a writ can directly be filed in the High court against such a body. Hierarchy of Courts Hierarchy of Courts
Most of the countries have, by now, made laws providing recognition to electronic documents and electronic signatures. They have basically followed a model law on e-commerce proposed by a U.N. body called UNCITRAL (United Nations Commission on International Trade Law) in 1996. On analysis, it appears that ETO has certain deficiencies. For instance, difference between an electronic signature and an advanced electronic signature is not clear. Sections dealing with the offences of violation of informational privacy and damage to information/informational systems are too broadly worded, which may lead to confusion. International aspects of e-commerce such as recognition of the foreign certificates and electronic signatures etc. are missing. Difference in the role of accredited certification service providers and nonaccredited ones has not been logically defined in the ETO. Above all, the rules (to be made by the Federal Government) and regulations (to be made by the Certification Council) under the ETO are not in place after so many years have elapsed since its enforcement Legal Issues.
At the bottom of hierarchy, the court having jurisdiction to try civil wrongs is the civil court and the one having jurisdiction to try crimes is the court of magistrate. Appeal against the decision of a civil court or magistrate, in many cases, can be filed in the District court (in civil matters) and in the Session court (in criminal matters), respectively. Further,In Legal Issues an appeal can be filed in the High court, in most cases, against the decision of the district/session court.Likewise, the decision of the High court can be challenged in most cases before the Supreme Court of Pakistan, which is the apex court (the court at the top of the hierarchy). It may be noted that High Court in certain matters has an extraordinary jurisdiction to entertain cases under Article 199 of the Constitution of Pakistan, which is called the writ jurisdiction of the High Court. Legal Issues or instance, where a government body has breached any law, a writ can directly be filed in the High court against such a body. Hierarchy of Courts Hierarchy of Courts
Most of the countries have, by now, made laws providing recognition to electronic documents and electronic signatures. They have basically followed a model law on e-commerce proposed by a U.N. body called UNCITRAL (United Nations Commission on International Trade Law) in 1996. On analysis, it appears that ETO has certain deficiencies. For instance, difference between an electronic signature and an advanced electronic signature is not clear. Sections dealing with the offences of violation of informational privacy and damage to information/informational systems are too broadly worded, which may lead to confusion. International aspects of e-commerce such as recognition of the foreign certificates and electronic signatures etc. are missing. Difference in the role of accredited certification service providers and nonaccredited ones has not been logically defined in the ETO. Above all, the rules (to be made by the Federal Government) and regulations (to be made by the Certification Council) under the ETO are not in place after so many years have elapsed since its enforcement Legal Issues.
0 comments: