Publication Type

Book Chapter

Version

submittedVersion

Publication Date

2-2024

Abstract

For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as internet filtering and censorship; data localization requirements including the requirements to use certain technologies. In particular, the paper will focus on the clash between the US, China, and the EU, which chooses to champion the sovereignty of the firm, the state and the individual respectively. With a critical examination of their relevant policies and positions, the paper will also suggest ways the issue should be dealt with in future trade agreements.

Discipline

Asian Studies | International Trade Law

Publication

Data sovereignty: From the digital Silk Road to the return of the state

Editor

Anupam Chander & Sun Haochen

First Page

213

Last Page

239

ISBN

9780197582794

Identifier

10.1093/oso/9780197582794.003.0010

Publisher

Oxford University Press

City or Country

Oxford

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1093/oso/9780197582794.003.0010

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