Designing International Economic Data Law

Proceedings of the ASIL Annual Meeting, Volume 115 (2021), pp. 73-78

6 Pages Posted: 11 Apr 2022

See all articles by Thomas Streinz

Thomas Streinz

European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS); NYU School of Law - Guarini Global Law & Tech

Date Written: 2021

Abstract

This contribution to the Proceedings of the Annual Meeting of the American Society of International Law (ASIL) reflects on discussions at ASIL’s virtual annual meeting in 2021, where the author chaired a panel titled “The Rise of Restrictions on Data Flows and Digital Technologies: National, Security, Human Rights, or Geo-Economics?”. Transnational access, transfer, and use of data have increasingly become focal points during negotiations for “comprehensive” trade and investment agreements. While these efforts are often presented and discussed as negotiations about “electronic commerce” and “digital trade” that will “modernize” the acquis of international economic law, we are arguably witnessing the design of new international economic data law that is conceptually distinct from conventional international trade and investment law. The design of this new international economic data law reflects a complex political economy.

Keywords: digital trade, electronic commerce, Silicon Valley Consensus, data localization, Digital Silk Road, Joint Statement Initiative

JEL Classification: F02, F13, F52, L50, O30, O33, O38, O38, L86

Suggested Citation

Streinz, Thomas, Designing International Economic Data Law (2021). Proceedings of the ASIL Annual Meeting, Volume 115 (2021), pp. 73-78, Available at SSRN: https://ssrn.com/abstract=4079058 or http://dx.doi.org/10.2139/ssrn.4079058

Thomas Streinz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

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European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

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NYU School of Law - Guarini Global Law & Tech ( email )

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