Designing International Economic Data Law

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