The Role of International Rules in Blockchain-Based Cross-Border Commercial Disputes

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain\u27s distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings of traditional arbitral proceedings, such as the sending and receiving of documents via courier. , Despite myriad approaches, all emerging blockchain-based dispute resolution services (BDR solutions) generally seek to bridge the divide between automated performance mechanisms, like smart contracts, and the human judgment traditionally required to settle legal disputes.5 How our existing legal frameworks must develop to ensure that smart contracts 6 facilitate, rather than frustrate, the parties\u27 intent is a critically important question to ask as the blockchain stack\u27s infrastructure and application layers are being built and, ultimately, scaled. Indeed, interest is high in the race to create alternative dispute resolution mechanisms to resolve disputes arising from blockchain-based commercial transactions that, due to the transnational, borderless, pseudonymous, and distributed nature of blockchain, clearly necessitate international solutions.

A Blockchain-based Information Model of Cross-Border E-Commerce

Blockchain technology provides us a new tool to solve the product traceability problem in supply chain. This in-progress paper focus on the cross-border e-commerce context, to develop blockchain-based information models for products and transactions. A general blockchain-based product information traceability framework is introduced. The framework is applied in cross-border e-commerce context. We also designed a multiple chain structure and the data management model following the framework. In the future works, we will develop the key distribution, anti-counterfeiting and other approaches following this framework, and also verify them with real data and simulation

Research on the Application of Blockchain Technology in the Field of Cross-border Logistics for Small and Medium-sized Enterprises

With the continuous development of the current economic globalization, coupled with the continuous maturity of Internet technology, e-commerce, as a new industry, has been developing rapidly. Cross-border e-commerce has become the mainstream of development in the current economic era. In the process of cross-border e-commerce development, logistics plays an important role. The success or failure of small and medium-sized enterprises also depends on the efficiency and quality of logistics to a great extent. If some cross-border e-commerce enterprises want to get a place in the current fierce market competition, they must choose appropriate logistics channels to effectively promote their own development. This study explores the typical application mode of Blockchain technology in the field of cross-border logistics, and proposes specific implementation path to improve the performance of cross-border logistics management. This study combines the selection of cross-border logistics drive of small and medium-sized enterprises, analyzes the structural framework, core technology and main advantages of Blockchain, and then analyzes the combination of Blockchain technology advantages and cross-border logistics management needs. On this basis, the application mode of Blockchain technology in cross-border supply chain logistics is proposed; the application mode of Blockchain technology in cross-border trade logistics is proposed with information, documents and containers as typical objects; the application mode of Blockchain technology in cross-border customs clearance is proposed with customs declaration as typical carrier. Finally, the paper puts forward the specific implementation path, main success factors and implementation steps of the application of Blockchain technology in cross-border logistics

In Blockchain We Trust? Certificates of Origin as a Case for Distributed Ledger Technologies

Certificates of Origin are one of the most important documents in cross-border trade. They evidence that goods are wholly produced or manufactured in the issuing country, which makes them eligible for specific treatment, be it non-preferential (for example most-favored-nation treatment) or preferential (for example reduction or elimination of tariffs). The procedure of obtaining a Certificate of Origin is still largely manual and paper-based, which makes it time-consuming, costly and vulnerable to errors and fraud. Documents for processing the Certificate need to be handed in by multiple actors and each submission is coupled with the risk of being false or even fraudulently produced. To improve security and transparency, in recent years, states and private parties alike started experimenting with digitalizing the whole procedure in order to streamline and facilitate it. However, even promising projects with e-Certificates did not entirely solve the underlying fundamental problem of the lack of trust between the parties involved in the process. With the rise of Blockchain from 2008 onwards, all eyes are on this new technology which is supposed to fix exactly this issue: establishing trust between unknown parties, or even operating without trust between the parties as they only need to trust the code. Blockchain provides a fully traceable, auditable and transparent record of transactions and with the possibility of adding smart contracts it promises to fully automatize entire processes in order to significantly reduce cost, time and human resources needed for almost any kind of procedure. This technology sounds like a promising solution for the challenges Certificates of Origin are facing. Yet, it should not be blindly implemented. This paper therefore evaluates whether Certificates of Origin are indeed a case for Blockchain and if so, which framework would need to be established in order to fully enjoy the benefits Blockchain technology provides. It concludes that Certificates of Origin are a case for Blockchain technology, albeit not in all cases. To fruitfully implement Blockchain a case-by-case evaluation of the individual project, including a balancing of the advantages and disadvantages, is necessary. Furthermore, a regional framework which enables the cross-border utilization of Blockchain in the issuing process must be established in order to reap the full benefits of the technology. The methodological approach of this paper is twofold: on the question whether Certificates of Origin are a case for Blockchain, a literature review as well as case studies were conducted. On the question of regulation, current regulatory attempts and discussions in international organizations, such as the WCO and the ICC, were examined to identify the areas of regulatory need. Based on the findings, regulatory considerations are drawn and presented

Cross Border E-Commerce Uses Blockchain Technology to Solve Payment Risks

The exponential expansion of addressing payment risks through E-Commerce Apps is mostly attributable to technical developments in this area. Although the blockchain was first created to support Bitcoin, its potential applications outside that digital currency are currently being explored. The adoption of blockchain technology may reduce the time it takes to complete a transaction, provide a more secure platform, and eliminate payment risk. Before this change, businesses were forced to go outside their borders for a satisfactory answer to the problem of payment risks. Blockchain technology has allowed us to overcome this obstacle. DTA-KNN is used as a cross-border model in this study. To do this, KNN is used to analyse data from neighbouring nations, and DTA is used to choose the most appropriate international payment gateway. To evaluate the efficacy of the suggested model, it is put up against well-established algorithms like DTA and KNN. The findings demonstrate that the hybrid model is more accurate than the other two separately

A New Hybrid Decision Tree Algorithm with K-Nearest Neighbour for Cross Border Payment Risks

The technological advancement have aided in the dramatic growth in solving payment risks through the E-Commerce Applications. While blockchain technology was first developed to underpin Bitcoin, its potential uses outside that digital currency are also being investigated. Blockchain technology can be used to speed up the process in transactions, offered secured platform and resolve payment risks. Earlier to this development, the organization and companies are on huge demand of a finding a right solution to solve the payment risks, have to travel across border in search of it. This challenge is overcome with the technological advancement with blockchain. In this research, cross border based DTA-KNN model. KNN is utilized to perform the analysis in comparison with the neighbor countries and DTA performs choosing the right payment gateway  through cross-borders. The proposed model is compared with the existing algorithms such as DTA and KNN for the entire processes. The results show that the hybrid model has achieved higher accuracy of 99.89%

디지털 무역 거래에서의 전자계약서에 관한 법적 고찰

학위논문(석사) -- 서울대학교대학원 : 국제대학원 국제학과(국제지역학전공), 2023. 2. 안덕근.The fourth industrial revolution and technological development have accelerated the digital transformation. With this advancement, cross-border trade is becoming simpler and faster. Electronic purchase, documentation, data storage, exchanges of data from customers to traders push forward the implementation of e-contracts. Especially since 2010, the digitalized trade ecosystem is being processed more widely. Perhaps, the unprecedented global pandemic and the environmental-friendly movement have brought the digital transformation faster in diverse fields including trade. Countries are concluding bilateral and multilateral digital partnership agreements to promote economic activities while ensuring the national economic security. Unfortunately, the regulatory gaps exist because legislation procedure has not kept up with the speed of the progress in technology. The adaptation of digitalization seems systematical and prompt as people and industries follow the trend. However, it has certainly brought vagueness and asked for a pioneering leader to set standards to the modification in industrial movement be legally valid to execute. The world is closer to one another more than ever. The global trade scale has increased drastically. According to the WTO survey, 4300% growth has been reached in international trade from 1950 to 2021. In order to facilitate the trade ecosystem, digital transformation is unavoidable. One of the changes would be implementing e-contracts that is better known as smart contracts. Considering beneficiaries that e-contracts have: cost and time reduction, simple documentation and customs clearance, and guaranteeing privity and security, it is more favourable to utilize them. With their advantageous features notwithstanding, the absence of typical protocol disturbs more widespread usage of e-contracts. In fact, there is no concrete norm to define e-contract worldwide. Perhaps it is because e-contracts contain not only technical concepts but various related legal issues such as contractual relationship practice and e-identity. As a result, e-contracts lift many concerns not only in contract law but also in multiple legal fields like financial law, electronic transaction law and data protection law. This is why it is worth reviewing legal concerns of e-contracts and profits from using them on behalf of existing contracts. This research will provide a general preview of the concept, legal conditions and effects of e-contracts. How e-contracts are used in a real trade ecosystem will also be introduced to show the validity of the study goal. Then, the review of blockchain technology on e-contracts will follow to explain the technical conditions and the structure of e-contracts. Finally, already existing domestic laws and partnership agreements will be reviewed to be able to make suggestions for policymakers and trade negotiators to update the current legal framework for e-contracts. Therefore, it is important to review from the current status of e-contracts from the definition and the cornerstone technology to the legal framework to suggest comprehensive digital partnership agreements in the digital trade era.4차 산업혁명의 발생으로 인한 디지털기술발전은 사회의 많은 영역에의 디지털 전환을 가속화하고 있다. 기술 발전으로 세상은 그 어느때보다 긴밀히 연결되어 있으며, 글로벌 가치 사슬을 통해 세계 무역 규모 역시 급격히 증가했다. WTO 조사에 따르면, 1950년부터 2021년까지 국제 무역은 4300%의 성장을 이루었다. 특히 전례 없는 코로나19를 겪으며 전자상거래를 비롯한 국경을 넘나드는 무역(Cross-border trade)의 디지털 전환을 더욱 앞당겼다. 무역업무과정에 발생하는 모든 단계들(구매, 서류의 문서화, 데이터 저장, 데이터 교환 등)은 '전자 계약(e-contract)'을 통해 더욱 용이하게 이행될 수 있다. 즉, 무역 생태계를 원활하게 하기 위해서는 디지털 전환이 불가피하다. 실제로 많은 국가들은 각국의 경제 활동을 촉진하고 국가 경제 안보를 보장하기 위해 양자 및 다자간 디지털 파트너십 협정을 체결하고 있는 실정이다. 하지만 기술 발전의 속도가 너무 빠르면 법 제정 절차가 이를 따라가지 못해, 기술 발전과 규제 사이에 격차가 발생한다. 산업이나 일상을 생각해보면 디지털전환이 꽤나 자연스레 이루어지는 것 같지만, 아직 진행 중인 과정에서의 법적 구속력을 결정짓기엔 고려해야할 어려움이 뒤따르고 있다. 비용과 시간의 절감, 통관절차 간소화, 프라이버시와 보안 보장 등 전자계약이 가진 이점들은 결코 무시할 수 없다. 이러한 장점에도 불구하고, 정형화된 기준 및 규제의 부재는 더 광범위한 전자 계약의 사용을 방해한다. 사실 전 세계적으로 정해진 전자 계약'의 정의는 없다. 아마도 전자계약에는 기술적 개념 뿐만 아니라 계약관계 관행, 전자정체성 등 다양한 관련 법적 문제가 포함되어 있기 때문일 것이다. 이에 따라 전자계약은 계약법은 물론, 금융법, 전자거래법, 데이터보호법 등 여러 법률 분야에서 검토되어야 한다. 본 연구는 전자계약의 개념, 법적 조건 및 효과에 대한 일반적인 시사점을 소개하면서 전자계약이 실제 무역 생태계에서 어떻게 활용되는지를 검토한다. 이어 블록체인 기술과 이를 기반으로 한 전자계약에 대한 검토를 통해 전자계약의 기술적 조건과 구조를 설명한다. 마지막으로 관련 항목을 가진 한국, 미국, 유럽 연합의 국내법과 파트너십 협정의 검토를 필요로 한다. 이를 통해 정책 입안자나 무역 전문가들이 전자계약에 대한 현행법 개정 또는 새로운 디지털 파트너십 계약을 체결할 때 고려해보 수 있을 것이라 판단된다.Chapter I. Introduction 1 1. Study Background 1 2. Purpose of Research 3 Chapter II. What is an E-contract 6 1. Definition of E-Contracts 6 2. Legal Characteristics of E-Contracts 8 3. Effects of Using E-Contracts 11 Chapter III. E-Contract issues and trends in trade 14 1. Current Status of E-Contracts in South Korea 14 2. E-Contract Usage in International Trade 19 Chapter IV. Blockchain and E-contracts 22 1. What is Blockchain Technology 22 2. Blockchain Application in Digital Trade 23 3. E-Contracts in Digital Trade 26 Chapter V. Legal Agreement Analysis 32 1. Comparisons of Bilateral Agreements 32 2. United States Legislation Status and Prospect 36 3. Europes Legislation Status and Prospect 38 4. South Koreas Legislation Status and Prospect 41 Chapter VI. Conclusion 43 Bibliography 47 Abstract in Korean (국문 초록) 51석

Blockchain technology into the logistics supply chain implementation effectiveness

Technologies currently have a tremendous impact on all spheres of economy, business and a state. They integrally change people’s conception of trade, property, and market entities interaction. Artificial intelligence, additive, informationommunication, green technologies, biotechnologies, and blockchain technologies development and implementation confirm their leadership importance and inevitability in relation to the activities traditional approaches. In the modern world only the companies with flexible vision, equipment and technologies able to instantly reform, adapt to new conditions and challenges, will benefit. The point at issue is Industry 4.0 as a new technological mode emergence