THE APPLICABLE LAW IN CROSS-BORDER ELECTRONIC COMMERCE CONTRACTS

Аннотация

This article explores the legal aspects ofcross-border electronic commerce contracts, focusing on the applicable legal frameworks and international regulations. It examines key legal instruments such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNCITRAL Model Law on Electronic Commerce (1996), and the EU eIDAS Regulation (2014). The study highlights jurisdictional challenges, the recognition of electronic contracts and digital signatures, and intellectual property protection in cross-border e-commerce. The findings emphasize the necessity of harmonizing national regulations with international standards to ensure legal certainty andenhance global e-commerce efficiency. Keywords. Cross-border electronic commerce, international contract law, UNCITRAL Model Law, CISG, eIDAS Regulation, jurisdiction, electronic signatures, data protection, intellectual property rights, digital trade, regulatory harmonization. The rapid advancement of information and communication technologies, which have permeated virtually all aspects of modern life, has significantly impacted the economic sphere as well. With the proliferation of digital innovations, electronic commerce has emerged as a fundamental component of the global economy. Businesses and consumers now engage in cross-border transactions, executing digital contracts for the exchange of goods and services irrespective of national boundaries. However, alongside these conveniences, legal complexities arise, including questions concerning theapplicable law, jurisdictional precedence, and the recognition of electronic contracts and signatures. This article seeks to examine these legal challenges by analyzing the regulatory frameworks governing cross-border electronic commerce contracts and exploring therole ofinternational cooperation inaddressing such issues. Commercial law constitutes a fundamental pillar of both international and domestic legal systems. One of its critical subfields, cross-border electronic commerce, encompasses the remote exchange of goods and services between sellers and consumers operating in different jurisdictions, thereby transcending national boundaries. This sector has experienced exponential growth, propelled by the widespread integration of advanced digital technologies, the pervasiveness ofthe Internet across all economic spheres, and the intensification of globalization. The principal stakeholders in this domain are sellers and consumers, where market participants strategically seek to expand their commercial reach beyond domestic markets. Once enterprises achieve market saturation at the national level, they typically pursue international expansion, page150 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue04,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai leveraging new consumer bases to enhance sales volumes and capitalize on price differentials across jurisdictions, thereby optimizing profit margins.1 However, the proliferation of cross- border transactions necessitates a well-defined legal framework to regulate commercial engagements between transacting parties. In this regard, contracts serve as the cornerstone of legal certainty and enforceability in international trade. A contract is a legally binding agreement between two or more parties that establishes, modifies, or terminates rights and obligations. In both international and national legal orders, contracts constitute a normative necessity, ensuring the regulation and stabilization of commercial relations. The significance of cross-border commerce can be further substantiated through the perspective of I. Lukashuk, who asserts: "International agreements emergedlong before the conceptualization of international law. This is hardly surprising, as contracts have historically served as the primary mechanism for resolving 2 disputes between independent entities. " In this context, cross-border electronic commerce refers to transactions conducted in accordance with contracts formed between parties across different countries and regions, typically facilitated through the Internet, email communication, or other digital trading platforms. These platforms serve as information systems that enable the remote exchange of goods and services, thereby eliminating geographical constraints in commercial engagements. A notable example of a country at the forefront of cross-border e-commerce is China, which has established itself as the global leader in this sector. The country hosts several major e-commerce platforms that facilitate international trade, including Alibaba (Taobao, AliExpress), Jingdong (JD.com), Pinduoduo, and Douyin (TikTok’s Chinese counterpart). These platforms not only cater to the domestic Chinese market but also extend their services worldwide, fostering a highly integrated global digital economy. However, much like any economic para