Digitalization and its role in international economic law

Publication Type

Book Chapter

Publication Date

7-2025

Abstract

This chapter aims to explore some key trends in the digital economy affecting the intersections of law, policymaking, business, technology, and trade. As technological developments and business applications continue to march ahead of the law, gaps in laws and regulatory activity become more evident and pressing. Legal notions and constructs are also challenged by such developments. These challenges are driven by some key trends, including decentralization; a lack of satisfactory and agreed legal definitions relating to technology applications and outcomes and their legal treatment; and lagging human expertise in many jurisdictions around the world. The first is illustrated in a number of blockchain-related and artificial intelligence applications in finance and governance. The second is illustrated by developments in crypto “assets” and their legal treatment; while the third is observed in the lack of capacity in many parts of the world to deal with the first two trends, as well as to deal with related problems of cybersecurity. Another factor of relevance is the evolution of economic agreement provisions and Digital Economy Partnership Agreements and their potential roles in addressing some of these challenges.

Discipline

International Trade Law | Technology and Innovation

Publication

A Research Agenda for Global Power Shifts and International Economic Law

Editor

Joel Slawotsky

First Page

127

Last Page

146

ISBN

9781035311491

Publisher

Edward Elgar

City or Country

Chelterham

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