Towards a New Treaty on Digital Trade
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Forthcoming in Journal of World Trade 55:1 (2021)
24 Pages Posted: 2 Jul 2020 Last revised: 11 Jan 2021
See all articles by Mira Burri
Mira Burri
University of Lucerne
Date Written: June 10, 2020
Abstract
Digital trade is one of the very few areas of trade law, where one can observe a willingness shared by the international community to move forward and actively engage in new rule-making. The article contextualizes and explores this development by looking at the relevant e-commerce provisions in preferential agreements, in particularly by highlighting the legal innovation in the most advanced templates of the CPTPP and the USMCA, as well as in dedicated digital trade agreements, such as the ones between the United States and Japan and between Chile, New Zealand and Singapore. The article then looks at the WTO negotiations and tries to identify points of convergence and divergence reflected in the latest negotiation proposals tabled by WTO members. It is the article’s objective to test these proposals, as to their potential to permit the adoption of a new treaty on digital trade and to their ability to adequately address the practical reality of the data-driven economy.
Keywords: digital trade, electronic commerce, World Trade Organization, preferential trade agreements, data and data flows, CPTPP, USMCA, DEPA
Suggested Citation: Suggested Citation
https://ssrn.com/abstract=3623734
Mira Burri (Contact Author)
University of Lucerne ( email )
Frohburgstrasse 3 PO Box 4466 Lucerne, 6002 Switzerland
HOME PAGE: http://www.unilu.ch/mira-burri
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1 Citations
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Download This Paper. Open PDF in Browser. Add Paper to My Library. Copy URL. Forthcoming in Journal of World Trade 55:1 (2021) 24 Pages Posted: 2 Jul 2020 Last revised: 11 Jan 2021. See all articles by Mira Burri. Mira Burri. University of Lucerne. Date Written: June 10, 2020. Abstract. Digital trade is one of the very few areas of trade law, where one can observe a willingness shared by the international community to move forward and actively engage in new rule-making. The article contextualizes and explores this development by looking at the relevant e-commerce provisions in preferential agreements, in particularly by highlighting the legal innovation in the most advanced templates of the CPTPP and the USMCA, as well as in dedicated digital trade agreements, such as the ones between the United States and Japan and between Chile, New Zealand and Singapore. The article then looks at the WTO negotiations and tries to identify points of convergence and divergence reflected in the latest negotiation proposals tabled by WTO members. It is the article’s objective to test these proposals, as to their potential to permit the adoption of a new treaty on digital trade and to their ability to adequately address the practical reality of the data-driven economy. Keywords: digital trade, electronic commerce, World Trade Organization, preferential trade agreements, data and data flows, CPTPP, USMCA, DEPA. Suggested Citation: Suggested Citation. https://ssrn.com/abstract=3623734. Mira Burri (Contact Author) University of Lucerne ( email ) Frohburgstrasse 3 PO Box 4466 Lucerne, 6002 Switzerland. HOME PAGE: http://www.unilu.ch/mira-burri. Download This Paper. Open PDF in Browser. Do you have a job opening that you would like to promote on SSRN? Place Job Opening. Paper statistics. 1 Citations. 12 References. Related eJournals. Entrepreneurship & Law eJournal Follow Entrepreneurship & Law eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 1,144 PAPERS 13,918. IO: Productivity, Innovation & Technology eJournal Follow IO: Productivity, Innovation & Technology eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 1,068 PAPERS 28,353. International Trade eJournal Follow International Trade eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 720 PAPERS 26,865. Sources of Innovation eJournal Follow Sources of Innovation eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 301 PAPERS 2,947. Information Systems eJournal Follow Information Systems eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 222 PAPERS 6,533. Feedback. Feedback. (required) Email. (required)