[bestbits] WTO Needs Far-Reaching Digital Trade Pact, Experts Say

Carolina Rossini carolina.rossini at gmail.com
Mon Jan 25 04:28:47 EST 2016


here the WEF paper -
http://www.weforum.org/agenda/2015/10/why-global-trade-laws-need-to-catch-up-with-digital-commerce

and here a paper I like mapping what has happened over the years regarding
international regulation of e-commerce and related ICT stuff
http://old.wti.org/fileadmin/user_upload/nccr-trade.ch/wp3/3.8/wunsch_hold_WP_final_11-07-08.pdf




On Mon, Jan 25, 2016 at 4:09 AM, Carolina Rossini <
carolina.rossini at gmail.com> wrote:

>
> http://www.law360.com/internationaltrade/articles/749648/wto-needs-far-reaching-digital-trade-pact-experts-say
> WTO Needs Far-Reaching Digital Trade Pact, Experts Say
>
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> By *Alex Lawson*
> Law360, New York (January 22, 2016, 3:03 PM ET) -- Policymakers around the
> globe should begin thinking about negotiations for an expansive World Trade
> Organization agreement devoted solely to digital trade, e-commerce and
> telecommunications issues, according to an expert paper circulated at the
> World Economic Forum Friday.
>
> While acknowledging the progress made on digital trade in recent regional
> trade deals, the paper — prepared jointly by the WEF and the the
> International Centre for Trade and Sustainable Development — said the time
> has come for an agreement that tackles those issues head-on at the World
> Trade Organization.
>
> “There is a need to develop greater consensus or a critical mass around
> core concepts regarding cross-border data flows,” the paper said. “Rules
> and principles to support and expand digital trade are being inserted in
> some trade agreements. This is a positive step that should be discussed and
> expanded to more jurisdictions.”
>
> The authors specifically cited the recently concluded Trans-Pacific
> Partnership and the still-underway Transatlantic Trade and Investment
> Partnership as examples of significant trade deals tackling e-commerce,
> which they said should be used as a springboard for similar work on a
> broader platform.
>
> “This work provides a basis for developing a specific agreement on digital
> trade that should be negotiated at the WTO on a plurilateral basis — open
> to those interested in joining, with consideration given to applying any
> such agreement on a [most-favored-nation] basis to all WTO members,” the
> paper said.
>
> On an overarching policy level, the paper argued that a new agreement
> should allow for the unconstrained flow of data across borders between
> willing partners, and that the only exception should be one that is
> narrowly tailored and based on national security considerations.
>
> Furthermore, the experts said there ought to be wide-ranging rules barring
> countries from requiring data to be stored only on local servers as a
> condition for market entry. This concept is enshrined within the TPP, but
> that agreement has also drawn fire
> <http://www.law360.com/articles/746082/obama-issues-formal-tpp-call-as-gop-clashes-loom> for
> leaving the financial services sector on the outside of those protections.
>
> Even before launching new WTO talks on digital trade, the paper
> recommended updating certain existing WTO pacts to better accommodate 21st
> century traders, beginning with the Trade Facilitation Agreement.
>
> The TFA — which was completed in 2013 and has been ratified by 68 WTO
> members — aims to streamline the flow of goods across borders around the
> globe, but could be modernized by installing a unified de minimis customs
> level under which no duties will applied, according to the experts’
> recommendations.
>
> “For trade in lower value goods that the Internet is enabling, such costs
> account for a relatively larger share of the total value, making it an even
> more serious trade barrier,” the paper said.
>
> More broadly, the World Economic Forum and International Centre for Trade
> and Sustainable Development experts said that throughout these processes,
> there should be a robust dialogue between governments, the private sector
> and advocacy groups that often pushed back against digital trade
> liberalization because of privacy concerns.
>
> “Ensuring security of the network is one of the key issues that affects
> consumer and business confidence in addition to the direct costs that
> security breaches have on individual businesses,” they said.
>
> --Editing by Bruce Goldman.
>
> --
>
> *Carolina Rossini *
> *Vice President, International Policy*
> *Public Knowledge*
> *http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
> + 1 6176979389 | skype: carolrossini | @carolinarossini
>
>


-- 

*Carolina Rossini *
*Vice President, International Policy*
*Public Knowledge*
*http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
+ 1 6176979389 | skype: carolrossini | @carolinarossini
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