ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review

  • Phet Sengpunya University of Pecs, Hungary

Abstract

In the era of digital technology, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR.


Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System.

Author Biography

Phet Sengpunya, University of Pecs, Hungary

Phet Sengpunya is a Ph.D. Candidate at the Faculty of Law, University of Pecs, Hungary.

References

Chea Vannak, "E-commerce Law may not pass in 2018: Ministry, " Khmer Times, (3 May 2018). Online .

Christine Sanderson, EU Forges Ahead on E-commerce, 11 Int'l Tax Rev. 51 (2000).

Chritopher Findlya, ASEAN and Regional Free Trade Agreements, Routledge London and New York 2015.

Dr. Eliza Mik, Legal and Regulatory Challenges to Facilitating E-Commerce in the ASEAN

Emmanuela Balestrieri, External Evaluation of UNCTAD’s E-Commerce and Law Reform Project, UNCTAD (July 2011), at 18.

Joanne Wong, On Legal Harmonization Within ASEAN, Juris, Vol. 5 (2013/14) Singapore Law Review (2013), at 2.

Marcus Bartley John, Mombert Hoppe, Martin Molinuevo, Konesawang Nghardsysone, and Lillyana Daza-Jaller, Taking Advantage of E-commerce: Legal, Regulatory, and Trade Facilitation Priorities for Lao PDR, World Bank Group (February 4, 2019).

Marn-Heong Wong and Marie Isabelle Pellan, Trade Facilitation: The Way Forward for ASEAN and Its FTA Partners, ERIA Policy Brief, No. 2012-04 (July 2012).

Muhammad Ichsan Fadillah, E-Government in ASEAN: Case Study of Singapore, Indonesia and Laos.

Mr. Somlouay Kittignavong (Acting Director-General of Department of National Authority for Science and Technology), a presentation on ICT Development in Lao PDR –at Expert Group Meeting on regional cooperation on information society in Asia and the Pacific, Bangkok (July 2009).

Nazura Abdul Manap, Alignment of Malaysia and ASEAN Agreement on ICT Law: A review. Contemporary Issues in South-East Asia Countries. Brawijaya Law Jornal, Vol. 2(S) No.1 (2015), at 4.

Rodolfo Noel S. Quimbo, “The e-ASEAN Legal Framework and Its Challenges”
Harmonized development of legal and regulatory systems for e-commerce in Asia and the Pacific: Current challenges and capacity-building needs (2012).

Samtani Anil, Electronic Commerce in Asia: The Legal, Regulatory and Policy Issues, Int. Journal of Law and Information Technology, Vol.9 No. 2, Oxford University Press (2001), at 97.

Simon S.C. Tay, Jesus P. Estanislao, Hadi Soesastro, Reinventing ASEAN, Institute of Southeast Asian Studies, Singapore (2001), at 144.

Sum Manet, "E-Commerce Law a Realty Soon," Khmer Times, (7 November 2016).
Online

Xiudian Dai, e-ASEAN and Regional Integration in South East Asia, University of Hull, UK (2007).

Zhang Tuo, Yu Hui, and Rong Zhongxia, Report on China-Laos Cooperation Opportunities under the Belt and Road Initiative in 2018, Xinhua Silk Road Department (2018).
Published
2019-12-31
How to Cite
SENGPUNYA, Phet. ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review. Lentera Hukum, [S.l.], v. 6, n. 3, p. 371-392, dec. 2019. ISSN 2621-3710. Available at: <https://jurnal.unej.ac.id/index.php/ejlh/article/view/13709>. Date accessed: 25 apr. 2024. doi: https://doi.org/10.19184/ejlh.v6i3.13709.
Section
Articles

Most read articles by the same author(s)

Obs.: This plugin requires at least one statistics/report plugin to be enabled. If your statistics plugins provide more than one metric then please also select a main metric on the admin's site settings page and/or on the journal manager's settings pages.