The Extraterritorial Enforcement of Consumer Legislation and the Challenge of the Internet

Abstract

Perhaps more than any other business activity, electronic commerce requires a balanced approach to co-regulation. Whether consumers are purchasing from a trader based locally or overseas through the internet, this should not influence the availability of remedies for defects or breach of contract. Whilst business-to-business transactions may continue to be regulated by the rules of private international law, this has proved inadequate for consumers. Governmental regulation and enforcement both have a role to play. Whatever regime emerges must, however, have a large measure of consistency, predictability and transparency. A key component in this regard is arriving at common understanding of the jurisdictional rules that will apply to the regulation and enforcement of consumer protection standards by the various governmental authorities.

Keywords: Internet, enforcement, jurisdiction, consumer protection, cyberspace

JEL Classification: K2, K22, K33