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This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.
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This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.Chapters cover key areas of digital trade policy and regulation, examining finance, investment, tax, AI, and security. Drawing from a broad spectrum of digital trade sub-specialisms, this Research Handbook explores diverse regional and national approaches to e-commerce, spanning Africa, the Americas, Asia, Europe, and the Middle East. It scrutinizes the evolution of digital trade within the international trade system, assessing its inclusion within the WTO and the move towards digital-only agreements. Contributors investigate pressing legal controversies concerning trade protectionism, the recognition of intellectual property, and the safeguarding of personal data.This Research Handbook will be an invaluable resource for academics and students in digital trade, international law, public policy, and regulation. It will also be a useful guide for legal and political practitioners seeking to understand the emerging field of digital trade.
Author Biography
Edited by David Collins, Professor of International Economic Law, City St George's, University of London, UK and Michael Geist, Canada Research Chair in Internet and E-commerce Law, University of Ottawa, Canada
Table of Contents
Contents:1 Introduction to Research Handbook on Digital Trade 1David Collins and Michael GeistPART I TRADE AGREEMENTS AND DIGITAL TRADE2 Digital trade rulemaking in free trade agreements 9Mira Burri3 Three generations of digital trade provisions in preferential trade agreements 28Rodrigo Polanco4 E-commerce or digital trade? Why the difference should matter to tradelawyers 54Wolfgang Alschner5 WTO law and cross-border data flows for digital trade 73Rolf H. Weber6 The Digital Economy Partnership Agreement (DEPA): accession to thedigital-only regime 90Joo Hyoung Lee and David Collins7 Placing gender equality at the centre of global digital trade policy 102Michael GeistPART II REGIONAL APPROACHES TO DIGITAL TRADE: NORTHAMERICA AND EUROPE8 The EU as a digital trade actor 118Elaine Fahey9 Federalism and digital trade 134Patrick LeblondPART III REGIONAL APPROACHES TO DIGITAL TRADE: ASIA10 China and WTO e-commerce negotiations 149Henry Gao11 Facilitating digital trade in Hong Kong 169Bryan Mercurio12 Digital trade agreements and digital policy space in the Republic of Korea 179Tae Jung Park and Joo Hyun Park13 Towards digital special economic zones: new technology, digitalizationand transformation 200Julien ChaissePART IV REGIONAL APPROACHES TO DIGITAL TRADE: AFRICA,THE MIDDLE EAST AND THE AMERICAS14 Streamlining the law on digital trade: prospects for the AfricanContinental Free Trade Area (AfCFTA) negotiations 219Cheryl Dine15 Legal approaches to the regulation of digital trade by Middle Eastern countries 234Bashar Malkawi16 Latin America: the leap from the single window to the SingleSubmission Portal as a way of internalizing SMEs 253Manuel QuindimilPART V DIGITAL TRADE LEGAL AND POLICY CHALLENGES:FINANCE, INVESTMENT AND TAXES17 The compatibility of digital services taxes with World Trade Organization law 271David Collins18 The feasibility and desirability of applying international investmentagreements to digital assets 289Nicolette Butler and Jasem Tarawneh19 Fintech: Technology-enabled financial innovation for digital trade 307Lerong Lu20 The digital nomad and the emergence of global labour mobility 330David Collins and Ben RobinsonPART VI DIGITAL TRADE LEGAL AND POLICY CHALLENGES:ARTIFICIAL INTELLIGENCE21 The principles of algorithmic justice in the digital market 346Maciej Hulicki22 Artificial intelligence and law: emerging divergent national regulatoryapproaches in a changing landscape of fast-evolving AI technologies 370Lijun Zhao23 The role of artificial intelligence in international commercial arbitrationin the post-Covid era 401Muhammad Hassan Idrees and Annabelle OnyefuluPART VII DIGITAL TRADE LEGAL AND POLICY CHALLENGES:DATA, SECURITY AND IP24 Digital economy agreements: where do we stand and where are we going? 417Dan Ciuriak25 Digital trade and economic security: considerations on the Japan–USDigital Trade Agreement 440Rikako Watai26 Digital trade and intellectual property 456Marc D. MimlerIndex
Review
'Digital trade is the future, but do we really understand what digital trade is and what challenges it poses to trade policy-makers and regulators? This Research Handbook on Digital Trade is an excellent starting point (and more) if you want to understand digital trade better. The 26 contributions, written by many of the top experts on the topic and skillfully edited by David Collins and Michael Geist, are a must-read for international trade lawyers.' -- Peter van den Bossche, University of Bern, Switzerland'Digital trade agreements have become the spaghetti bowl that Jagdish Bhagwhati warned us about. Moreover, these agreements are way behind data-driven developments and don't appear to be building trust. Collins and Geist have provided us with a cornucopia of insights to better understand our digital reality.' -- Susan Ariel Aaronson, George Washington University, US'The Research Handbook on Digital Trade is essential for anyone interested in the rapidly evolving landscape of global digital commerce. In this comprehensive work, David Collins and Michael Geist bring together leading experts to cover trade agreements, regional approaches, policy challenges, and emerging technologies, providing valuable insights into the complex world of digital trade law and policy. It is a must-have resource for professionals, scholars, and policy-makers alike.' -- Andrew Mitchell, Monash University, Australia
Details ISBN180088494X Author Michael Geist Publisher Edward Elgar Publishing Ltd Year 2023 ISBN-13 9781800884946 Format Hardcover Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Michael Geist AU Release Date 2023-10-28 NZ Release Date 2023-10-28 Audience Professional & Vocational DEWEY 381.142 Pages 508 Publication Date 2023-10-20 UK Release Date 2023-10-20 We've got this
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