Digital Trade in WTO-Law - Taking Stock and Looking Ahead
Asian Journal of WTO & International Health Law and Policy, Vol. 5, No. 1, pp. 1-24, March 2010
24 Pages Posted: 31 Mar 2010 Last revised: 13 Jul 2014
Date Written: March 25, 2010
Figures in digital trade show a substantial growth over the last years, but WTO law does not provide for an adequate legal framework encompassing digital trade rules. The Information technology Agreement might not encompass all new goods since the relevant Appendices have not been amended for 14 years and the digital services are only partially covered in the Specific GATS Commitments of WTO Members due to the fact that the so-called positive list approach requires active national commitments with respect to newly developed services. The most recent court practice (US-Gambling, China-AVHE), however, contains some promising signs of accepting e-commerce as service covered by the GATS. Legal scholars are now invited to formulate new digital trade rules facilitating the cross-border delivery of electronic goods and services as well as to develop concepts to overcome anticipated digital trade barriers (such as lack of access to technology, of interconnectivity and compatibility). Finally, the present digital divide must be overcome and turned into a digital opportunity for all.
Keywords: GATT v. GATS, E-Commerce, Future Digital Trade Rules, Information Technology Agreement, Preferential Trade Agreements
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Trade in Telecommunications Services: Doha and Beyond
By Shin-yi Peng
Liberalization of Trade in Television Services: The Negotiation Dilemma and Challenges for the Future
By Shin-yi Peng
Designing a Global Consumer Online Dispute Resolution (ODR) System for Cross-Border Small Value - High Volume Claims - OAS Developments
By Louis F. Del Duca, Colin Rule, ...