The alignment of the Saudi legal system with the international rules of electronic commerce

This thesis deals with fundamental questions of compatibility andadaptation in the regulation of electronic commerce as it impacts on the normsand precepts of Islamic law. It finds that in the Kingdom of Saudi Arabia, theresponse of the religious and civil authorities to the realignment of its laws ofcontract, in order to encompass the innovations and changes implicit in theelectronic environment, have been inhibited by misgivings about the nature ofthe electronic environment itself and by fears that some of the protectiveaspects of traditional contract formation will be lost.Based upon a detailed comparison of the various stages and components ofthe electronic and traditional contract, the thesis finds that the principlesunderlying Islamic law are not violated or substantively threatened by the newforms. It is shown that laws and treaties, created at an international level ofscrutiny and discussion, are now broadly in place and accepted by most of the‘developed’ world, with necessary allowance being made for future innovationand change.The Kingdom of Saudi Arabia, it is recommended, can only make progressin this field by a policy of greater engagement, both in respect of the nature ofthe electronic contract itself, and also with the arbiters of compromise in bodiessuch as the United Nations and the World Trade Organisation. It finds this progress to be essential to the health and well-being of Saudi society as awhole, and it suggests that any misgivings currently felt by the nation’slegislators are based more on misapprehension than on objective realities

An evaluation of e-commerce legislation in GCC states:lessons and principles from the international best practices (EU, UK, UNCITRAL)

E-commerce has witnessed massive growth every year, since it has become the backbone of many economic and financial transactions and the preferred choice for most consumers and merchants alike and to offer access not only to national electronic stores but also cross-border markets. This thesis is intended to explore the concept of e-commerce contracts by analysing the extent of consistency and harmonisation between the e-commerce rules by comparing some of the international best practices (namely the UN, EU and UK) and between the Gulf States. In addition, this research aimed to cover the three dimensions of e-commerce in a legal context as follows: First and foremost, it examined contractual issues, in order to discover to what extent the legislation could boost certainty and enhance confidence in concluding contracts electronically. The second issue it considered was online security and identity issues, by focusing on the nature and function of the electronic signature, which serves as the main proof of identity in the virtual environment. Thirdly, it explored the concept of online dispute resolution (ODR) and recent EU initiatives which provide best practice in the area of ODR regulation. It also analysed the regulatory context of alternative dispute resolution in the UK and reviewed some successful examples of online arbitration services. The object of all these point of study is to analyse these various legislations in order to highlight its strengths and weaknesses, and to draw comparative lessons from international best practice that might help to be adopted in Gulf States

Revisiting the legal regulation of digital identity in the light of global implementation and local difference

This thesis aims to address a vital gap that has emerged in the digital identity regulatory discourse: how can the legal regulation of digital identity mirror the global nature of digital identity and be compatible with national local difference? Digital identity, or the digital representation of an individual, is a complex concept, which manifests in myriad forms (e.g. authenticators, claims, data or information, identifiers, presence, relationship representations and reputation) and natures. As such, it engages a gamut of legal domains ranging from criminal law, constitutional law, human rights law, law of identity schemes, contract law, intellectual property law, tort law and data protection law. Digital identity is global and local in its nature, influence and effects. Yet, the digital identity regulatory discourse has primarily developed in and focussed on the digitally advanced West, leaving out countries like India which are developing strong digital presences, with their own digital identity perceptions and needs. This situation is adverse to the sustained future of digital identity. Thus, the contribution of this thesis lies in filling this gap and preparing the ground for a dialogue between different countries with different national agendas through building international and local awareness of how similarities and differences operate in respect of digital identity, its regulation and providing a modest solution to help preserve the global and local dimensions of digital identity and its regulation. To this end, the thesis carried out comparative legal research on the legal regulation of digital identity using the UK and India as base jurisdictions. The original hypothesis was that that immense differences in the legal regulation of digital identity between the comparator countries would emerge. Yet, though differences were evident, considerable degrees of similarity also emerged, not just on the superficial level of mere identity of rules, but also in legal practice, in large part attributable to India’s penchant for legal transplants. While the transplantation of Western law did not result in a full-scale rejection of the transplanted laws in relation to digital identity in India, there are indications of anomalies caused by the imposition of Western cultural norms through law on an Indian society ill prepared for it. Thus there has resulted a tension between the local and the global, the indigenous and the externally imposed. The challenge is thus to resolve this, taking into account, on the one hand the need to maintain the global nature and relevance of digital identity and the other, the need to accommodate and be responsive to local differences. The thesis proposes a tentative solution called the tri-elemental framework (TeF) which draws from the Indian philosophical and legal concept of dharma (and its elements of Sad Achara, Vyavahara and Prayaschitta) and learns from the most universally relevant digital identity proposal, De Hert’s right to identity. The solution provides one way in which the law regulating digital identity, whatever its nature, can be made sense of and acquire cultural meaning appropriate to local contexts

Electronic Signatures in Law: 4th Edition

Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the founder and editor of the international open source journal the Digital Evidence and Electronic Signature Law Review. Stephen is an Associate Research Fellow at the IALS. This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature; the form an electronic signature can take; and discusses the issues relating to evidence – illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence (British Institute of International and Comparative Law 2008), and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence, and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries

Smoking and Second Hand Smoking in Adolescents with Chronic Kidney Disease: A Report from the Chronic Kidney Disease in Children (CKiD) Cohort Study

The goal of this study was to determine the prevalence of smoking and second hand smoking [SHS] in adolescents with CKD and their relationship to baseline parameters at enrollment in the CKiD, observational cohort study of 600 children (aged 1-16 yrs) with Schwartz estimated GFR of 30-90 ml/min/1.73m2. 239 adolescents had self-report survey data on smoking and SHS exposure: 21 [9%] subjects had “ever” smoked a cigarette. Among them, 4 were current and 17 were former smokers. Hypertension was more prevalent in those that had “ever” smoked a cigarette (42%) compared to non-smokers (9%), p\u3c0.01. Among 218 non-smokers, 130 (59%) were male, 142 (65%) were Caucasian; 60 (28%) reported SHS exposure compared to 158 (72%) with no exposure. Non-smoker adolescents with SHS exposure were compared to those without SHS exposure. There was no racial, age, or gender differences between both groups. Baseline creatinine, diastolic hypertension, C reactive protein, lipid profile, GFR and hemoglobin were not statistically different. Significantly higher protein to creatinine ratio (0.90 vs. 0.53, p\u3c0.01) was observed in those exposed to SHS compared to those not exposed. Exposed adolescents were heavier than non-exposed adolescents (85th percentile vs. 55th percentile for BMI, p\u3c 0.01). Uncontrolled casual systolic hypertension was twice as prevalent among those exposed to SHS (16%) compared to those not exposed to SHS (7%), though the difference was not statistically significant (p= 0.07). Adjusted multivariate regression analysis [OR (95% CI)] showed that increased protein to creatinine ratio [1.34 (1.03, 1.75)] and higher BMI [1.14 (1.02, 1.29)] were independently associated with exposure to SHS among non-smoker adolescents. These results reveal that among adolescents with CKD, cigarette use is low and SHS is highly prevalent. The association of smoking with hypertension and SHS with increased proteinuria suggests a possible role of these factors in CKD progression and cardiovascular outcomes