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

Mon Jan 25 05:22:05 EST 2016

During WTO Ministerial meeting in December 2015 in Nairobi, developed
countries wanted to introduce a new item (emerging trade and ICTs) but
developing countries opposed this move as they wanted a conclusion of the
Doha Round of negotiations. So its very probable that this will happen in
the near future.

Given WTO Agreements are binding, we need to make sure that in case it
happens, such discussions are carried out in the open with participation
from all stakeholders. We need to be in the table/ on delegations.

We wouldn't want a reflection of the process of coming up with the TPP

--
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*Ephraim Percy Kenyanito*
Sub-Saharan Africa Policy Analyst
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On 25 January 2016 at 12:28, Carolina Rossini <carolina.rossini at gmail.com>
wrote:

> 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
>>
>> Share us on:
>> <http://twitter.com/share?text=WTO%20Needs%20Far-Reaching%20Digital%20Trade%20Pact,%20Experts%20Say&url=http://www.law360.com/internationaltrade/articles/749648>
>>
>> <http://www.facebook.com/share.php?u=http://www.law360.com/internationaltrade/articles/749648>
>>
>> <http://www.linkedin.com/shareArticle?mini=true&url=http://www.law360.com/internationaltrade/articles/749648&summary=Policymakers+around+the+globe+should+begin+thinking+about+negotiations+for+an+expansive+World+Trade+Organization+agreement+devoted+solely+to+digital+trade%2C+e-commerce+and+telecommunications+issues%2C%26nbsp%3Baccording+to+an+expert+paper+circulated+at+the+World+Economic+Forum+Friday.&title=WTO+Needs+Far-Reaching+Digital+Trade+Pact%2C+Experts+Say&source=Law360>
>>
>> <http://www.law360.com/articles/749648/share?section=internationaltrade>
>> 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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