Consumer Protection Concerns and the Need for...

Consumer Protection Concerns and the Need for Effective Regulation: Regulatory Approach

Author Name : Sonakshi Singh, Prof. (Dr) Pankaj Kumar Gupta

ABSTRACT The era of electronic commerce poisons state sovereignty when come to the protection of netizens1 . The jurisdictional issues on cyber space seem to transform the very idea of commercial jurisprudence. The lexmercotariain medieval Europe, the UCC in the USA (United States of America), UCP (Uniform Customs and Procedure) for common law states, Civil Law traditions: Romania, Germanic and Sharia – Business Laws for an example can be used to highlight the trends and growth of business laws. The contract law, merchant law, financial law, arbitration law and others in physical space differ than cyber space which needs to be researched. The Physical world where citizen live lose their space when they are connected to the virtual world and becoming „Netizens‟ which poses greater challenges to the legal system across globe; the Jurisdictional issues is rampant in cyber space or virtual world. As said by Kraus Jody., and Walt, Steven .D (2000) “Ask a law professor about the jurisprudential foundation of Corporate and Commercial Law, and you are likely to receive a blank stare; the corporate and commercial laws are best understood as subfields of contract law. Any jurisprudential insights on contract law therefore apply mutatis mutandis to corporate and commercial laws”. But there is huge suspicion on commercial jurisprudence on cyber space. Can jurisprudence be restricted only to certain field? How technology, electronic commerce be analysed through the lenses jurisprudence? Do the law makers, consumers of law need to be techno- legal than just legal? Technology and electronic are not merely an application but shapers of commercial law systems, how do they do so is curiosity of the present research and driving forces. Is there a complete transformation of commercial jurisprudence on cyber space? Can it be called as e- jurisprudence or electronic jurisprudence is the principal question to be addressed. The present paper is doctrinal in nature and Descriptive methods used to study the proposed issues. The universe of the study primarily based on India and China. And European Union, USA, international organisations, treaties and conventions have taken by the researcher as major sources of law and interpretation of law is applied to focus research process.