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44 results

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  • The Impact of Digitalization on Global Trade Law
  • Mira Burri
  • Journal: German Law Journal / Volume 24 / Issue 3 / April 2023
  • Published online by Cambridge University Press: 22 May 2023, pp. 551-573
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    The Article explores the transformations triggered by digitalization in the domain of global trade law and seeks to evaluate the nature and the effects of the unfolding legal adaptation in this field of international law. For this purpose, the Article starts by mapping the sweeping effects of digitalization on trade and trade policies. It then turns to the current regulatory framework for digital trade—first, by sketching the state of affairs in the multilateral forum of the World Trade Organization (WTO) and second, by analyzing the more deliberate regulatory responses to the challenge of digitalization formulated in free trade agreements (FTAs), with a particular focus on some more recent advanced models of digital trade regulation. The Article finally seeks to contextualize and assess the impact of the existing legal framework and its adequacy for the contemporary data-driven economy, pointing also at some current deficiencies and potential setbacks going forward.

  • Digital Trade Law and Human Rights
  • Part of
  • Mira Burri
  • Journal: AJIL Unbound / Volume 117 / 2023
  • Published online by Cambridge University Press: 08 May 2023, pp. 110-115
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    Trade and human rights have had a complex and contentious relationship. While trade experts assume that human rights and trade law are mutually supportive, human rights lawyers have seldom shared this opinion. Rather, they argue that across different contexts, such as climate change, culture, and development, the hard rules of international trade law focus almost exclusively on economic values and sideline human rights. This essay seeks to shed more light on these interfaces, focusing particularly on the tensions between trade law and the first generation of human rights, like privacy and free speech, that have been rarely discussed so far. It also addresses a gap in the literature on international economic law and human rights with respect to the impact of digitization. In particular, the essay focuses on the human rights implications of digital trade rulemaking, as a relatively new and dynamic subset of international trade law.

  • What Are Digital Trade and Digital Trade Law?
  • Part of
  • Mira Burri, Anupam Chander
  • Journal: AJIL Unbound / Volume 117 / 2023
  • Published online by Cambridge University Press: 08 May 2023, pp. 99-103
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    Digitization has greatly expanded the scope of trade, and with it the scope of trade law. But the regulatory framework, although growing in bilateral and regional fora, is highly dynamic and remains fragmented, increasing the challenges facing digital trade law.

  • Part II - From E-Commerce to Big Data and AI
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 113-192
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  • 1 - Data Flows and Global Trade Law
  • from Part I - Global Trade Law and Policy in the Age of Big Data
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 11-41
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    Summary

    Data flows are at the core of digital trade debates, as they are key to the data-driven economy, while at the same time posing a number of challenges to state sovereignty and the protection of individual rights. While adaptation at the WTO has been slow, states have turned to preferential trade venues to address the new set of issues that the era of big data has posed. The chapter, based on a comprehensive dataset, traces the developments in preferential trade agreements, in particular those of relevance to cross-border data flows. It zooms in on the recent trade deals of the CPTPP and the USMCA and provides a detailed analysis of the current state of global digital trade law.

  • Part I - Global Trade Law and Policy in the Age of Big Data
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 9-112
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  • Part III - Safeguarding Privacy and Other Users’ Rights in the Age of Big Data
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 193-242
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  • Contents
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp v-viii
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  • Index
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 361-376
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  • Contributors
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp xiii-xxiv
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  • Part IV - Global Perspectives on Digital Trade Governance
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 243-360
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  • Abbreviations
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp xxv-xxx
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  • Copyright page
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp iv-iv
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  • Tables
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp xi-xii
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  • Figures
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp ix-x
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  • Introduction
  • Edited by Mira Burri
  • Book: Big Data and Global Trade Law
  • Published online: 09 July 2021
  • Print publication: 29 July 2021, pp 1-8
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    Summary

    This is an introduction to the discourse of digital trade governance that discusses the challenges of legal adaptaton in the era of big data. It provides the backdrop of the book's analyses, explains the concept and the structure of the book, and introduces the individual chapters.

Big Data and Global Trade Law
  • Big Data and Global Trade Law
  • Edited by Mira Burri
  • Published online: 09 July 2021
  • Print publication: 29 July 2021
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    This collection explores the relevance of global trade law for data, big data and cross-border data flows. Contributing authors from different disciplines including law, economics and political science analyze developments at the World Trade Organization and in preferential trade venues by asking what future-oriented models for data governance are available and viable in the area of trade law and policy. The collection paints the broad picture of the interaction between digital technologies and trade regulation as well as provides in-depth analyses of critical to the data-driven economy issues, such as privacy and AI, and different countries' perspectives. This title is also available as Open Access on Cambridge Core.
  • 4 - Understanding and Shaping Trade Rules for the Digital Era
  • from Part I - New and Old Challenges
  • Edited by Manfred Elsig, Universität Bern, Switzerland, Michael Hahn, Universität Bern, Switzerland, Gabriele Spilker, Universität Salzburg
  • Book: The Shifting Landscape of Global Trade Governance
  • Published online: 05 August 2019
  • Print publication: 08 August 2019, pp 73-106
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    Summary

    The chapter provides an overview of the current and emerging trends in disruptive technologies and discusses the sweeping effects of digitization at different levels of the economy. The chapters focus then shifts to the effects of digitization on trade and explores the implications for trade policy. In order to understand what needs to be changed or at least calibrated in existing external trade policies, we need to know what we have in terms of existing regulatory frameworks – both at the international and at the regional and bilateral levels. It is the objective of the chapter’s third part to attend to this need as well as to show how selected countries have responded to the digital challenge and formulated distinct or less distinct responses in their respective external trade policies. Here, in particular, an understanding of the digital agenda of the United States, as well as of the new templates for electronic commerce, is essential and the chapter conveys this knowledge by focusing on the most advanced model so far - that of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The chapter goes on to contextualize and assess the impact of the existing legal frameworks, as shaped by preferential trade agreements.

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