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Washington Journal of Law, Technology & Arts

Abstract

The establishment of a regulatory environment is a condition necessary, but not sufficient, for setting up a legal environment supportive of mobile payment and banking services. Equally important is the creation of an enabling legislative environment on the legal status of electronic communications and on other relevant rules such as those on payments. In fact, existing legal frameworks, be they of statutory or contractual origin, are often insufficient to address all legal issues, especially in developing countries. Therefore, guidance in the form of international standards, such as those prepared by the United Nations Commission on International Trade Law (UNCITRAL), is desirable. In particular, existing UNCITRAL texts on payments could be reviewed in order to align them with UNCITRAL texts on electronic commerce as well as current practices in the use of electronic communications. This work should take into consideration the needs of small and medium-sized enterprises, which are likely to particularly benefit from broader access to mobile services.

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