Cross-border Online Research Articles

Implementing the First Cross-border Professional Development Online Course through International E-mentoring: Reflections and Perspectives

This research paper discusses the accomplishments, issues, and challenges experienced by Open University of Sri Lanka (OUSL) academics when offering the first cross-border professional development online course to train online tutors and mentors. The course was delivered exclusively online and facilitated by OUSL academics and e-mentors from the USA. The course was comprised of 30 participants: 9 from Pakistan, 10 from Mauritius and 11 from Sri Lanka. This qualitative study is based on reflections of both faculty and participants. Data were collected using reflections and informal anecdotal records of the three OUSL academics and self-reflection instruments (pre, mid and final) administered to participants, and reflective journal entries made by participants. Participants’ views were triangulated with the reflections of the OUSL academics to validate the results. While there were many accomplishments in the design and delivery of the course, the findings revealed that there were many challenges in implementing the course: pedagogical, organizational and technological aspects in particular. The paper provides recommendations to address such challenges when offering cross-border online courses in the future.

A Study on Cross-border Online Shoppers for Fashion Products by Benefit Sought

The purpose of the study was to identify dimensions of benefit sought where consumer cross-border online shoppers seek and to examine the effects of the dimensions on expectancy, perceived performance, disconformity and satisfaction with cross-border online shopping. A total of 258 data were gathered and analyzed using SPSS 22.0. The results of the study identified that six dimensions of benefit sought of cross-border online shopping, which were economic-efficiency, convenience, uniqueness, scarcity, superiority and conformity seeking. There were significant effects of economic-efficiency, scarcity and uniqueness seeking on the expectancy, perceived performance, and satisfaction. In addition, consumers were segmented as four clusters classified using benefit sought of cross-border online shopping. The four clusters were labeled as “high interest type”, “disinterested type”, “unique scarcity type”, and “price-first unfussy type”. The significant differences were found among the clusters in the research constructs of expectancy and disconfirmation theory. The findings of the study suggested practical and managerial implications.

Jurisdiction in 3D – “scope of (remedial) jurisdiction” as a third dimension of jurisdiction

When private international law lawyers discuss jurisdiction, focus is typically placed primarily on personal jurisdiction, and secondarily on subject matter jurisdiction. This article seeks to demonstrate that there is a third matter – what we can call scope of jurisdiction, or perhaps scope of remedial jurisdiction – that needs to be considered. Scope of jurisdiction relates to the appropriate geographical scope of orders rendered by a court that has personal jurisdiction and subject matter jurisdiction. This question has gained far less attention to date. This article highlights why scope of jurisdiction is of particular importance in today's society dominated by constant, substantial and fluid cross-border interaction online, and discusses whether scope of jurisdiction is a separate issue or merely a sub-component of some other concept. Finally, it examines how we may impose appropriate limits on scope of jurisdiction.

Determinants and Moderators of Consumers' Cross-Border Online Shopping Intentions

Determinants and Moderators of Consumers' Cross-Border Online Shopping Intentions

패션소비자의 온라인 해외직구 행동의도에 관한 연구

This study identified factors that influenced fashion consumers' purchase intentions for cross-border online shopping. This study utilized three outshopping motivation dimensions (utilitarian, social, and hedonic) to empirically verify research questions. The moderating effects of consumers' perceived risks between cross-border online shopping motivations and behavioral intention were also tested on Korean female consumers in their 20s to 40s who had experience purchasing fashion goods through a cross-border online shopping channel within a year. The research are as follows. First, the three motivations have positive effects on cross-border online shopping purchase intentions. Fashion consumers are greatly influenced by hedonic motivation compared to utilitarian and social motivations. Second, perceived risks do not negatively influence cross-border online shopping purchase intentions. Finally, there exists moderating effects of perceived risks between utilitarian motivation and cross-border online shopping purchase intentions. This study reveals motivational and moderating factors that influence fashion consumers to shop through a cross-border online shopping channel. It contributes to prior studies by extending the research range of cross-border online shopping into fashion. Marketers and retailers should note that fashion consumers are most influenced by hedonic motivation when shopping in cross-border online malls.

Towards the single digital market for e-identification and trust services

The EU intends to complete the creation of Digital Single Market in 2015. In order to achieve this ambitious, but rather unrealistic goal, serious initiatives need to be undertaken to remove barriers and introduce new rules reflecting the state-of-the-art of e-commerce and e-government. Over the last three years the EU has commenced several important initiatives. One of them is the newly adopted and largely unnoticed Regulation No 910/2014, which established unified rules across the EU for recognition of national electronic identification as well as the introduction of a variety of new trust services, which go beyond well-known digital signatures and timestamps. The new instrument laid down the foundation for the development of innovative, cross-border online services that will hopefully increase the security and transparency of information society services in the EU. A lot needs to be done to popularise the cross-border trust services, as the predecessor of the Regulation – the directive on electronic signatures – has not been widely adopted in public and especially, in private sector. Directive 1999/93/EC will be repealed with effect from 1 July 2016.

Online ADR for the E-Commerce? European Union’s ADR Legislation for Cross-Border Online Trade

The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

Supply-Side Barriers to Cross-Border E-Commerce in the EU Digital Single Market

Between 2009 and 2012 the percentage of online consumers in the EU who made online purchases in another EU Member State increased from 8 to 11 per cent, below the target of 20 per cent put forward in the EU Digital Agenda. Both, subjective perceptions on the consumer side or objective barriers on the supply side can play a role. This study uses a mystery shopping survey to measure the relative importance of supply side barriers. While 97 per cent of domestic orders lead to a successful shipment, we find that suppliers accepted to ship only 48 per cent of all cross-border online orders. This high failure rate may overstate the ordinary consumer experience because of the artificiality of the mystery shopping trade patterns. We therefore focus on the factors that drive success and failure. A shared language between buyer and supplier countries increased and size of the goods decreased the chances of success. Goods that are subject to geographical sales restrictions (vertical agreements) between producers, wholesalers and retailers are the least likely to be available for online cross-border orders. This may indicate that restrictions in competition in offline markets are spilling over to online markets and prevent the realization of some of the benefits of e-commerce. We conclude that regional integration in digital markets is constrained by the lack of integration in traditional bricks & mortar markets.

The Impact of Language on Building the Internal Market: The Consumer Transactions Perspective

By the introduction of Directive 2011/83/EU the European Union is trying to achieve full harmonization of consumer law in the Member States. It is hoped that this will boost cross-border online sales, which constitute a very low percentage of all consumer transactions at the moment. In this paper the author points out some language issues that may hinder the harmonization process, and tries to find and briefly characterize solutions that would prevent the negative effect of language divergence in EU Member States.

Online Cross-Border Consumer Transactions: A Proposal for Developing Fair Standard Form Contract Terms

Online consumer sales are growing at a substantial rate. An estimated 45% of online purchases by consumers in Australia are from overseas sellers, including US sellers. The question whether these transactions are governed by the Australian Consumer Law (ACL) is examined. The conclusion drawn is that cross-border transactions are usually governed by the ACL – at least in theory. In practice a consumer will invariably confront a bewildering array of procedural complexities and face prohibitive costs. US law and standard form terms are generally less favourable to consumers than Australian and European laws. There also appears to be an increasingly pro-seller bias developing in US standard form terms. The article considers why this is so. Why, for instance, are market forces not operating to provide incentives for the development of party balanced terms? The article then considers ways in which the interests of consumers can be better protected and enhanced regarding cross-border online transactions. It is proposed that a series of standard form 'Fair Terms' which could be made freely available on the Internet for parties to voluntarily incorporate into their contracts should be developed. This proposal follows the lead provided by developments for international commercial transactions. The article concludes by suggesting starting points for the development of fair terms provisions.

Konkurencja a ochrona autorskich dóbr intelektualnych w Unii Europejskiej Wybrane zagadnienia na tle orzecznictwa Trybunału Sprawiedliwości

The subject of this article is a critical evaluation of application of competition law to the undertakings active on the copyright market. The study focuses on the conduct of the collecting organizations of copyright. Its aim is to present new aspects and methods that need to be considered in analyzing the market position of national collecting organizations. The clarification of the main problem is preceded by examination of the notion of dominant position as defined in Polish antimonopoly law. Next, the article address the implications of cross-border online copyright trade on the evaluation of the market position of national collecting societies. Further considerations argue for an integrative approach that give attention to the dynamic factors of competition and highlights public interest issues.. In this regard the claim is that the development of competition on the copyright market has to sustain the objectives of intellectual property regulations. The author point out that ratio legis of copyright law is anchored in the Constitution, that determine the need for balancing the individual and public interest in respect to the creative activity.

EC Law on Cross-border On-line Financial Services

EC Law on Cross-border On-line Financial Services

INTERNET LAW: WILL ONLINE GAMBLING BECOME LAWFUL?

Currently most online gambling sites breach Great Britain’s criminal laws, except for pools and online betting. This may soon change if the Budd Report’s recommendations are implemented by the Government. Not only would this change make online gambling a lawful activity, but the new regulatory regime proposed by the Report would be likely to make the UK a favoured location for establishing cross-border online gambling operations.