Legal Aspects of Electronic Contracts in Digital-Based International Trade

Abstract

This study examines the legal aspects of electronic contracts in digital-based international trade, focusing on their formation, validity, and enforceability across jurisdictions. The rapid expansion of cross-border e-commerce has transformed traditional contracting practices, replacing conventional written agreements with electronic communications, click-wrap agreements, and digital signatures. While international legal instruments, such as the UNCITRAL Model Law on Electronic Commerce and the United Nations Convention on the Use of Electronic Communications in International Contracts, provide a foundational framework, significant disparities remain in national legal systems regarding recognition and implementation. This research adopts a normative juridical approach, analyzing international legal principles, comparative regulatory frameworks, and relevant doctrines governing electronic contracts. The findings reveal that legal uncertainties persist in determining applicable law, jurisdiction, and the evidentiary value of electronic records. Furthermore, issues related to authentication, consent, and data integrity pose challenges to ensuring the reliability and enforceability of digital agreements. The lack of harmonized legal standards also contributes to increased risks for businesses and consumers engaged in international digital trade. The study highlights the urgent need for regulatory harmonization and strengthened international cooperation to enhance legal certainty and trust in electronic contracting. It contributes to the development of a more coherent legal framework capable of addressing the evolving dynamics of global digital commerce.