Trade Law in a Data-Driven Economy: The Need for Modesty and Resilience

World Trade Review, forthcoming, 2021

UC Irvine School of Law Research Paper No. 2020-49

30 Pages Posted: 7 Jul 2020 Last revised: 3 Apr 2021

See all articles by Gregory Shaffer

Gregory Shaffer

University of California, Irvine School of Law

Date Written: July 6, 2020

Abstract

This article examines the social challenges posed by the data-driven economy, their implications for international trade law, the current trade negotiating context involving distinct models advanced by the United States, European Union and China, and a way forward that can both enhance trade and regulatory efficacy. It examines seven interrelated risks. They are the rise of ‘winner-take-all’ companies; social control through public and private surveillance; social polarization; premature deindustrialization; national security threats; cybersecurity risks; and threats to personal privacy. In response to these risks, the article contends that trade agreements should be deferential to national regulation, while supporting mechanisms for regulatory learning and adaptation. In this spirit, the article advances a governance framework that goes beyond “liberalization” and that foregrounds the importance of building resilience and engaging in regulatory problem solving.

Keywords: Data-Driven Economy, Resilience, E-Commerce; Regulatory Cooperation

Suggested Citation

Shaffer, Gregory C., Trade Law in a Data-Driven Economy: The Need for Modesty and Resilience (July 6, 2020). World Trade Review, forthcoming, 2021, UC Irvine School of Law Research Paper No. 2020-49, Available at SSRN: https://ssrn.com/abstract=3644606

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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

Paper statistics

Downloads
342
Abstract Views
1,415
Rank
134,049
PlumX Metrics