The International Economic Law Framework for Digital Trade

Burri, Mira (2015). The International Economic Law Framework for Digital Trade. Zeitschrift für schweizerisches Recht, 134/2, pp. 10-72. Helbing Lichtenhahn

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This is an attempt at a comprehensive analysis of the international economic law rules relevant for digital trade. At the core of this enquiry are the multilateral rules in the framework of the World Trade Organization (WTO). It examines how they presently regulate digital trade, as well as where they have been challenged by newer technological advancement. The article maps the problematic issues and the proposals for tackling them. As legal adaptation has been protracted under the umbrella of the WTO, states have looked for solutions elsewhere, primarily in a number of bilateral and regional preferential trade agreements (PTAs). The article devotes therefore attention to the evolving body of law in PTAs and assesses its impact. Finally, the article evaluates the process of adaptation of international trade law and addresses broader governance questions of the efficacy of this adaptation and the adequacy of the chosen evolutionary path. It suggests ways in which states can position themselves as regulatory entrepreneurs and ensure that digital trade is not hindered while there is sufficient room for the protection of important public interests.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > Institute of European and International Economic Law
02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Burri, Mira

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation
300 Social sciences, sociology & anthropology > 320 Political science

ISSN:

0084-540X

Publisher:

Helbing Lichtenhahn

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

26 Oct 2016 17:16

Last Modified:

02 Oct 2017 16:21

Related URLs:

BORIS DOI:

10.7892/boris.89244

URI:

https://boris.unibe.ch/id/eprint/89244

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