Deskripsi
This book, Law of Treaty and Electronic Commerce: The Integration of the Law of Treaties, Digital Law, and Islamic Legal Perspectives, enters that debate with intellectual precision and comparative depth. It places digital commerce within the broader architecture of international treaty law, particularly the normative framework embodied in the Vienna Convention on the Law of Treaties, and examines how consent, validity, interpretation, and enforceability evolve in the electronic environment.
The work resonates strongly with leading international scholars of electronic commerce law. Professor Henry D. Gabriel (2000), a key contributor to modern commercial law harmonization, has long emphasized that electronic transactions must preserve functional equivalence between digital and traditional forms. Similarly, Professor Jane K. Winn (2000) argues that trust and authentication mechanisms are the backbone of digital markets, without which electronic contracts collapse into uncertainty. Meanwhile, Professor Chris Reed (2004) highlights that cyberspace does not eliminate legal principles but forces their reinterpretation within technological architectures.
This book does more than echo those insights; it extends them. By integrating Islamic jurisprudence—particularly the Shafi‘i analytical framework—into the discourse on electronic contracts, it demonstrates that the theory of akad is not antiquated, but structurally compatible with digital expression of will, attribution, and non-repudiation. Consent remains central; what changes is the medium, not the moral foundation.
At a time when platforms concentrate economic power and treaties increasingly regulate digital trade flows, this study reminds us that law must safeguard justice, certainty, and dignity. Electronic commerce may be borderless, but responsibility is not.
- Penulis: Prof. Dr. Anis Mashdurohatun, S.H., M.Hum.; Prof. Dr. Adi Sulistyono, S.H., M.H.; Joman Alkhatib
- ISBN: xxxx
- Halaman: 150
- Ukuran: 15 x 23 cm
- Tahun Terbit: 2026
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