[PDF] Digital Services In International Trade Law eBook
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"Part of the confusion surrounding digital services trade specifically, but also e-commerce in general, is caused by the fact that digital trade comes with its own terminology, which is often unfamiliar to the average trade lawyer. Not only does the WTO itself not make use of the term 'digital services', other terms have popped up in the debate without Members reaching consensus on their meaning. Such terms include: 'digital platforms', 'digital product', 'digital content', 'data' and 'data flows'. I will analyse these terms and determine their position in relation to the definition of digital services as used in this book"--
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.
Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.
This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.
Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.
Doctoral Thesis / Dissertation from the year 2023 in the subject Business economics - Trade and Distribution, , language: English, abstract: This doctoral dissertation deals with rules on digital trade in the light of WTO agreements. Digital trade has brought about profound changes in the international trade framework. Traditional trade, which primarily involved the exchange of physical goods, has now expanded to encompass a wide range of digitally delivered services, online transactions, and data flows. This transformation has been driven by advancements in technology and the increasing interconnectedness of the global economy. The digital economy encompasses various digital technologies and platforms and has become a significant driver of economic growth and innovation. It allows businesses to reach international markets more quickly and efficiently, transcending geographical barriers. The internet, mobile devices, cloud computing, and artificial intelligence have facilitated this digital transformation. These technologies enable seamless communication, data storage and processing, automation, and personalised services, revolutionising how businesses operate and engage in international trade. Digital trade has created new opportunities for businesses of all sizes. Small and medium-sized enterprises have benefited from the ability to access global markets through digital platforms and e-commerce. These platforms provide a means for Small and medium-sized enterprises to connect with potential customers worldwide, establish their presence, and market their products and services without needing a physical presence in foreign markets. This has lowered entry barriers and empowered Small and medium-sized enterprises to participate in global value chains, expanding their reach and contributing to economic growth. One of the notable developments in the digital trade era is the rise of platform-based businesses. These platforms, such as e-commerce marketplaces, ride-sharing services, and online payment systems, act as intermediaries connecting buyers and sellers across borders. They facilitate transactions, provide infrastructure and services, and enable businesses to expand their customer base globally. Platforms have become influential players in international trade, shaping market dynamics and redefining traditional trading system.