Abstract

The era of electronic commerce poisons state regulations when come to the protection of netizens. Internet is now understood by the fastest pace of digital commerce or e – commerce. The highest form of transformation can be witnessed the way cyber space making the business possible in a fastest manner than what humanity expected. The jurisdictional issues on cyber space seem to transform the very idea of commercial jurisdictions. The lex mercotaria in medieval Europe, the UCC (Uniform Commercial Code) in the USA (United States of America), UCP (Uniform Customs and Procedure) for common law states, Civil Law traditions such as Romania, Germanic and Sharia – Business Laws for an example be used to highlight the trends and growth of business laws across globe . The contract law, merchant law, financial law, arbitration law and others in physical space differ than cyber space which needs to be researched. The ITU (International Telecommunication Union), having objective of ‘committed to connect the world’ estimates that, Globally multi billion people are using the Internet day by day on the rise in which majority portions from India and China only due to its population status and growth. The Physical world where citizen live lose their rights or space when they are connected to the virtual world and becoming ‘Netizens’ in a lawless state which poses greater challenges to the legal system across globe; the Jurisdictional issues is rampant in cyber space or virtual world. The present paper is an attempt to explore how the two largest populated states having education and skill run the world of cyber space. Doctrinal research method adopted. As said by Kraus Jody., and Walt, Steven.D (2000) “Ask a law professor about the jurisdictional foundation of Corporate and Commercial Law, and you are likely to receive a blank stare; the corporate and commercial laws are best understood as subfields of contract law. Any jurisdictional insights on contract law therefore apply mutatis mutandis to corporate and commercial laws”.

But there is huge suspicion on commercial jurisdictions on cyber space. Can jurisdictions be restricted only to certain field? How technology, electronic commerce is analyzed through the lenses of jurisdictions? Do the law makers, consumers of law need to be sound on techno- legal than just legal or technical? Technology and electronic are not merely an application but shapers of commercial law systems, how do they do so is a curiosity of the present research and driving forces. Is there a complete transformation of commercial jurisdictions on cyber space? Can it be called as e- jurisdictions or electronic jurisdictions are the principal question to be addressed in the present paper

The proposed topic of the present research is doctrinal in nature and Descriptive methods used to study the sighted issues. The universe of the study primarily based on India and China. And legal instruments of European Union, USA, international organizations, treaties and conventions have taken by the researcher as major sources of law and interpretation of law is applied to focus research process of the present paper. The indicative limitations of the paper is lack of primary research and proposes directions for future research.

Keywords: Cyber Space, Electronic Commerce, Regulation, Jurisdiction, India, China