Download The World Bank Legal Review: Law and Justice for by World Bank PDF

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By World Bank

Legislation performs a severe and all-pervasive function in improvement. certainly, whilst in January 1999 I brought the excellent improvement Framework as a device for making sure that the structural, social, and human elements of improvement will be addressed in a scientific and holistic style along the macroeconomic measurement, I indexed a good legislations and justice procedure as one of many key structural pillars of improvement. legislation and rules are integral tools in which societies convey their order and, certainly, their aspirations. Social peace and fairness, with out which no lasting development should be completed, require a tradition of recognize for the guideline of legislations, and a good and neutral judiciary to make sure that either executive and electorate remain the direction.

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However, in transnational disputes Japanese courts may take into account "exceptional circumstances" that overcome a general presumption of jurisdiction whenever authorized by the Code. Id. at 447-48. See also Hideyuki Kobayashi, ProductsLiability Act and TransnationalLitigation in Japan,34 Tex. J. 83 (1999). 3 For example, Italy provides that a choice of any forum other than the consumer's domicile is deemed unfair and unenforceable, unless the merchant can prove it was freely negotiated, and a choice of law of a non-EU country is void if the protection is less favorable to the Italian consumer and the contract's closest connection is with an EU country.

In some countries, dominant telecommunications operators also participate actively in Internet and e-commerce businesses. For example, they frequently own ISP businesses and operate web portals. In these circumstances, competitive ISPs 7 For a general discussion of the application of competition policy intelecommunications markets, see Telecommunications Regulation Handbook, sup-a n. 69, module 5. 7 United Brands v. Commission, ECR 207. Legal and Regulatory Aspects of E-Commerce and the Internet 37 and other e-commerce service providers frequently express concerns that the dominant operators will lever their dominance in the telecommunications infrastructure markets into the adjacent Internet and e-commerce markets.

The development of the Internet and e-commerce requires that users be able to predict the results of their Internet use with some degree of assurance. Haphazard and uncoordinated regulation of the Internet internationally can only frustrate the growth of cyberspace. 2 8 However, it is also troublesome to allow those who conduct business on the Internet to insulate themselves from the laws and jurisdiction of every territory, except the territory where they or their computer servers are physically located.

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