Regulation of digital trade in US Free Trade Agreements: From trade regulation to digital regulation
Publication Type
Journal Article
Version
submittedVersion
Publication Date
2-2018
Abstract
This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It is hoped that, by reviewing the evolution of the regulation of e-commerce from theWTOto the TPP, we can learn some lessons on how the rules are being shaped, as well as how they might evolve in the future.
Discipline
International Trade Law
Publication
Legal Issues of Economic Integration
Volume
45
Issue
1
First Page
47
Last Page
70
ISSN
1566-6573
Publisher
Kluwer Law International
Citation
GAO, Henry S..
Regulation of digital trade in US Free Trade Agreements: From trade regulation to digital regulation. (2018). Legal Issues of Economic Integration. 45, (1), 47-70.
Available at: https://ink.library.smu.edu.sg/sol_research/2613
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://ssrn.com/abstract=3070330