Advances in Economics, Management and Political Sciences
- The Open Access Proceedings Series for Conferences
Series Vol. 71 , 18 January 2024
* Author to whom correspondence should be addressed.
A sustainable digital market hinges on digital trade rules. Yet, these rules, currently dispersed across various Regional Trade Agreements, and the conventional trade agreements of the WTO can barely align with the rapid growth of digital trade. In 2019, the WTO Plurilateral negotiation on E-commerce opened a new avenue for a multilateral digital trade agreement. This study compares three typical templates of digital trade rule within RTAs and analyzes proposals from developed and developing economies in WTO e-commerce negotiation. It seeks to reveal and resolve critical challenges in forming multilateral digital trade agreements, including concept confusion, the digital divide, and differences in regulatory requirements of data. With the opportunities presented by the WTO's E-commerce negotiations, each party shall focus on defining related concepts of digital trade to ensure clarity, incorporate discussions on technical assistance for LDCs to guarantee digital equality, engage proactively in plurilateral negotiations on data flow security and personal information protection, to formulate digital trade rules that address the regulatory concerns of all parties.
Digital Trade Rules, WTO E-Commerce, WTO Plurilateral Negotiation, Cross Border Data flow, Data Localization
1. The Group of Twenty. (12 September, 2016). G20 Digital Economy Development and Cooperation Initiative. Ministry of Foreign Affairs of Japan. https://www.mofa.go.jp/files/000185874.pdf.
2. Xiong, H. R., Ma, Y., Chen, H. N., & Tian, J. T. (2021). Digital Trade Rules: Key Issues, Practical Challenges and Construction Strategies. Reform, (01), 65–73.
3. Elsig, M., & Klotz, S. (2021). Digital Trade Rules in Preferential Trade Agreements: Is There a WTO Impact? Global Policy, 12(S4), 25–36. https://doi.org/10.1111/1758-5899.12902.
4. Aaronson, S. A., & Leblond, P. (2018). Another Digital Divide: The Rise of Data Realms and its Implications for the WTO. Journal of International Economic Law, 21(2), 245–272. https://doi.org/10.1093/jiel/jgy019.
5. UNCTAD. (2019). Digital Economy Report 2019: Value Creation and Capture: Implications for Developing Countries. United Nations Digital Economy Report. https://digitallibrary.un.org/record/3833647.
6. Shi, J. X. (2020). WTO Plurilateral Negotiations on Electronic Commerce in the Context of the Digital Economy: Recent Developments and Issues in Focus. Oriental Law, (02), 170–184.
7. KORUS FTA. Article. 15.8. (1 January, 2019). United States Trade Representative. https://ustr.gov/trade-agreements/free-trade-agreements/korus-fta/final-text.
8. Chen, H. Q. (2022). Convergence Trends in the Context of International Digital Trade Rules Game: Based on the Perspectives of China, the US and the EU. International Business Research, 43(03), 85-95.
9. Trans-Pacific Partnership. Article 14.8, 14.11 and 14.13. (January 26, 2016). United States Trade Representative. https://ustr.gov/trade-agreements/free-trade-agreements/trans-pacific-partnership/tpp-full-text.
10. Barfield, C. (9 December, 2017). TPP a model for NAFTA digital trade rules. East Asia Forum. https://www.eastasiaforum.org/2017/12/08/tpp-a-model-for-nafta-digital-trade-rules/.
11. Agreement between the United States of America, the United Mexican States, and Canada. Article 19.8, 19.11 and 19.12. (1 July, 2020). United States Trade Representative. https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/agreement-between
12. Lin, C. W., Bai, J., & He, C. T. (2022). Interpretation of High -standard International Economic and Trade Rules, Challenges and China’s Response: Comparative Analysis Based on American, European and Asia—Pacific Templates. International Economic and Trade Research, 38(11), 95–112.
13. Free trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, 14 May 2011, OJ L 127, 14.5.2011, 6–1343.
14. Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part, 14 January 2017, OJ L 11, 14.1.2017, 23–1079.
15. Agreement between the European Union and Japan for an Economic Partnership, 27 December 2018, OJ L 330, 27.12.2018, 3–899.
16. Zhang, X. J., & Qu, X. M. (2022). The Exception Clauses of Cross-border Data Transfer in RCEP and China’s Response. Journal of Political Science and Law, (03), 109–119.
17. Regional Comprehensive Economic Partnership Agreement (RCEP). (15 November, 2020.). Australian Government Department of Foreign Affairs and Trade. https://www.dfat.gov.au/trade/agreements/in-force/rcep/rcep-text.
18. WTO, Joint Statement on Electronic Statement, WT/L/1056, 25 January 2019.
19. WTO, Joint Statement on Electronic Commerce-Communication from the United States-WTO Agreement on Digital Trade, Restricted, INF/ECOM/23, 26 April 2019.
20. WTO, Joint Statement on Electronic Commerce-Communication from European Union, INF/ECOM/43, 15 October 2019.
21. WTO, Joint Statement on Electronic Commerce-Communication from China, INF/ECON/19, 24 April 2019.
22. Sheng, B., & Chen, L. X. (2022). Digital Rules under the Multilateral Trade Framework: Progress, Consensus and Disagreement. Social Sciences International, (04), 93–110+198.
23. WTO, The E-Commerce Moratorium and Implications for Developing Countries-Communication from India and South Africa, WT/GC/W/774, June 4, 2019.
24. UNCTAD. (2021). Digital Economy Report 2021: Cross-border Data Flows and Development – For Whom the Data Flow. United Nations Digital Economy Report. https://unctad.org/publication/digital-economy-report-2021
25. WTO, Work Programme and Moratorium on Electronic Commerce - Communication from Chad on behalf of the LDC Group, WT/GC/W/787, November 21, 2019.
26. Zhou, N. L., & Chen, H. Q. (2019). Analysis on the Deepening and Expansion of the “American Template” of Digital Trade Rules Based on the USMCA. International Economic and Trade Research, (09), 1–11.
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).