Regulation of Digital Trade in US Free Trade Agreements: From Trade Regulation to Digital Regulation

Legal Issues of Economic Integration 45, no. 1 (2018): 47–70.

29 Pages Posted: 16 Nov 2017 Last revised: 23 Jul 2019

See all articles by Henry S. Gao

Henry S. Gao

Singapore Management University - School of Law

Date Written: November 13, 2017

Abstract

This article reviews the evolution of rules on digital trade in 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 starts with a review of the efforts to regulate e-commerce in the WTO, as well as what the pre-TPP US FTAs have achieved so far, followed by a critical appraisal of the achievements and shortcomings of the e-commerce chapter in the TPP. It is hoped that, by reviewing the evolution of the regulation of e-commerce from the WTO to the TPP, we can learn some lessons on how the rules are being shaped, as well as how it might evolve in the future.

Keywords: TPP, e-commerce, digital trade, FTA, WTO, GATS

Suggested Citation

Gao, Henry S., Regulation of Digital Trade in US Free Trade Agreements: From Trade Regulation to Digital Regulation (November 13, 2017). Legal Issues of Economic Integration 45, no. 1 (2018): 47–70., Available at SSRN: https://ssrn.com/abstract=3070330 or http://dx.doi.org/10.2139/ssrn.3070330

Henry S. Gao (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://www.law.smu.edu.sg/faculty/law/henrygao.asp

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
364
Abstract Views
1,341
rank
116,167
PlumX Metrics