International Trade and Carriage of Goods

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The rising tide of paperless trade: Analysing the legal implications

The rising tide of paperless trade: Analysing the legal implications

Dr M. A. Goldby

9.1 Introduction

The bulk of the legal framework underlying international trade transactions derives from standards developed and adopted by private actors, often representative trade associations. These standards are regularly incorporated into contracts whereupon their interpretation and enforcement often requires the filling in of gaps which are not explicitly addressed by the standards as adopted by the drafters. As the means of performance of contracts relating to cross-border sale and carriage of goods evolve thanks to the proliferation of paperless ways of recording and communicating information, it becomes more and more important to understand fully both the nature of such standards and the processes whereby the matters upon which they are silent may be addressed.

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