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Research Handbook on Digital Trade
This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.
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Critical Acclaim
Contributors
Contents
More Information
This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.
Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.
This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.
Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.
This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.
Critical Acclaim
‘Digital trade is the future, but do we really understand what digital trade is and what challenges it poses to trade policy-makers and regulators? This Research Handbook on Digital Trade is an excellent starting point (and more) if you want to understand digital trade better. The 26 contributions, written by many of the top experts on the topic and skillfully edited by David Collins and Michael Geist, are a must-read for international trade lawyers.’
– Peter van den Bossche, University of Bern, Switzerland
‘Digital trade agreements have become the spaghetti bowl that Jagdish Bhagwhati warned us about. Moreover, these agreements are way behind data-driven developments and don''t appear to be building trust. Collins and Geist have provided us with a cornucopia of insights to better understand our digital reality.’
– Susan Ariel Aaronson, George Washington University, US
‘The Research Handbook on Digital Trade is essential for anyone interested in the rapidly evolving landscape of global digital commerce. In this comprehensive work, David Collins and Michael Geist bring together leading experts to cover trade agreements, regional approaches, policy challenges, and emerging technologies, providing valuable insights into the complex world of digital trade law and policy. It is a must-have resource for professionals, scholars, and policy-makers alike.’
– Andrew Mitchell, Monash University, Australia
– Peter van den Bossche, University of Bern, Switzerland
‘Digital trade agreements have become the spaghetti bowl that Jagdish Bhagwhati warned us about. Moreover, these agreements are way behind data-driven developments and don''t appear to be building trust. Collins and Geist have provided us with a cornucopia of insights to better understand our digital reality.’
– Susan Ariel Aaronson, George Washington University, US
‘The Research Handbook on Digital Trade is essential for anyone interested in the rapidly evolving landscape of global digital commerce. In this comprehensive work, David Collins and Michael Geist bring together leading experts to cover trade agreements, regional approaches, policy challenges, and emerging technologies, providing valuable insights into the complex world of digital trade law and policy. It is a must-have resource for professionals, scholars, and policy-makers alike.’
– Andrew Mitchell, Monash University, Australia
Contributors
Contributors: Wolfgang Alschner, Mira Burri, Nicolette Butler, Julien Chaisse, David Collins, Dan Ciuriak, Cheryl Dine, Elaine Fahey, Henry Gao, Michael Geist, Maciej Hulicki, Muhammad Hassan Idrees, Patrick Leblond, Joo Hyoung Lee, Lerong Lu, Bashar Malkawi, Bryan Mercurio, Marc Mimler, Annabelle Onyefulu, Joo Hyun Park, Tae Jung Park, Rodrigo Polanco, Manuel Angel Quindimil, Ben Robinson, Jasem Tarawneh, Rikako Watai, Rolf Weber, Lijun Liz Zhao
Contents
Contents:
1 Introduction to Research Handbook on Digital Trade 1
David Collins and Michael Geist
PART I TRADE AGREEMENTS AND DIGITAL TRADE
2 Digital trade rulemaking in free trade agreements 9
Mira Burri
3 Three generations of digital trade provisions in preferential trade agreements 28
Rodrigo Polanco
4 E-commerce or digital trade? Why the difference should matter to trade
lawyers 54
Wolfgang Alschner
5 WTO law and cross-border data flows for digital trade 73
Rolf H. Weber
6 The Digital Economy Partnership Agreement (DEPA): accession to the
digital-only regime 90
Joo Hyoung Lee and David Collins
7 Placing gender equality at the centre of global digital trade policy 102
Michael Geist
PART II REGIONAL APPROACHES TO DIGITAL TRADE: NORTH
AMERICA AND EUROPE
8 The EU as a digital trade actor 118
Elaine Fahey
9 Federalism and digital trade 134
Patrick Leblond
PART III REGIONAL APPROACHES TO DIGITAL TRADE: ASIA
10 China and WTO e-commerce negotiations 149
Henry Gao
11 Facilitating digital trade in Hong Kong 169
Bryan Mercurio
12 Digital trade agreements and digital policy space in the Republic of Korea 179
Tae Jung Park and Joo Hyun Park
13 Towards digital special economic zones: new technology, digitalization
and transformation 200
Julien Chaisse
PART IV REGIONAL APPROACHES TO DIGITAL TRADE: AFRICA,
THE MIDDLE EAST AND THE AMERICAS
14 Streamlining the law on digital trade: prospects for the African
Continental Free Trade Area (AfCFTA) negotiations 219
Cheryl Dine
15 Legal approaches to the regulation of digital trade by Middle Eastern countries 234
Bashar Malkawi
16 Latin America: the leap from the single window to the Single
Submission Portal as a way of internalizing SMEs 253
Manuel Quindimil
PART V DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
FINANCE, INVESTMENT AND TAXES
17 The compatibility of digital services taxes with World Trade Organization law 271
David Collins
18 The feasibility and desirability of applying international investment
agreements to digital assets 289
Nicolette Butler and Jasem Tarawneh
19 Fintech: Technology-enabled financial innovation for digital trade 307
Lerong Lu
20 The digital nomad and the emergence of global labour mobility 330
David Collins and Ben Robinson
PART VI DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
ARTIFICIAL INTELLIGENCE
21 The principles of algorithmic justice in the digital market 346
Maciej Hulicki
22 Artificial intelligence and law: emerging divergent national regulatory
approaches in a changing landscape of fast-evolving AI technologies 370
Lijun Zhao
23 The role of artificial intelligence in international commercial arbitration
in the post-Covid era 401
Muhammad Hassan Idrees and Annabelle Onyefulu
PART VII DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
DATA, SECURITY AND IP
24 Digital economy agreements: where do we stand and where are we going? 417
Dan Ciuriak
25 Digital trade and economic security: considerations on the Japan–US
Digital Trade Agreement 440
Rikako Watai
26 Digital trade and intellectual property 456
Marc D. Mimler
Index
1 Introduction to Research Handbook on Digital Trade 1
David Collins and Michael Geist
PART I TRADE AGREEMENTS AND DIGITAL TRADE
2 Digital trade rulemaking in free trade agreements 9
Mira Burri
3 Three generations of digital trade provisions in preferential trade agreements 28
Rodrigo Polanco
4 E-commerce or digital trade? Why the difference should matter to trade
lawyers 54
Wolfgang Alschner
5 WTO law and cross-border data flows for digital trade 73
Rolf H. Weber
6 The Digital Economy Partnership Agreement (DEPA): accession to the
digital-only regime 90
Joo Hyoung Lee and David Collins
7 Placing gender equality at the centre of global digital trade policy 102
Michael Geist
PART II REGIONAL APPROACHES TO DIGITAL TRADE: NORTH
AMERICA AND EUROPE
8 The EU as a digital trade actor 118
Elaine Fahey
9 Federalism and digital trade 134
Patrick Leblond
PART III REGIONAL APPROACHES TO DIGITAL TRADE: ASIA
10 China and WTO e-commerce negotiations 149
Henry Gao
11 Facilitating digital trade in Hong Kong 169
Bryan Mercurio
12 Digital trade agreements and digital policy space in the Republic of Korea 179
Tae Jung Park and Joo Hyun Park
13 Towards digital special economic zones: new technology, digitalization
and transformation 200
Julien Chaisse
PART IV REGIONAL APPROACHES TO DIGITAL TRADE: AFRICA,
THE MIDDLE EAST AND THE AMERICAS
14 Streamlining the law on digital trade: prospects for the African
Continental Free Trade Area (AfCFTA) negotiations 219
Cheryl Dine
15 Legal approaches to the regulation of digital trade by Middle Eastern countries 234
Bashar Malkawi
16 Latin America: the leap from the single window to the Single
Submission Portal as a way of internalizing SMEs 253
Manuel Quindimil
PART V DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
FINANCE, INVESTMENT AND TAXES
17 The compatibility of digital services taxes with World Trade Organization law 271
David Collins
18 The feasibility and desirability of applying international investment
agreements to digital assets 289
Nicolette Butler and Jasem Tarawneh
19 Fintech: Technology-enabled financial innovation for digital trade 307
Lerong Lu
20 The digital nomad and the emergence of global labour mobility 330
David Collins and Ben Robinson
PART VI DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
ARTIFICIAL INTELLIGENCE
21 The principles of algorithmic justice in the digital market 346
Maciej Hulicki
22 Artificial intelligence and law: emerging divergent national regulatory
approaches in a changing landscape of fast-evolving AI technologies 370
Lijun Zhao
23 The role of artificial intelligence in international commercial arbitration
in the post-Covid era 401
Muhammad Hassan Idrees and Annabelle Onyefulu
PART VII DIGITAL TRADE LEGAL AND POLICY CHALLENGES:
DATA, SECURITY AND IP
24 Digital economy agreements: where do we stand and where are we going? 417
Dan Ciuriak
25 Digital trade and economic security: considerations on the Japan–US
Digital Trade Agreement 440
Rikako Watai
26 Digital trade and intellectual property 456
Marc D. Mimler
Index
