International Trade Law and Global Data Governance

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Préface
This book examines how international trade agreements apply to domestic regulatory frameworks on cross-border data flows and proposes a holistic and pragmatic proposal for reform.

Auteur
Neha Mishra is Assistant Professor in the International Law Department at the Graduate Institute in Geneva, Switzerland.

Texte du rabat

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level. Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy. As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Contenu
1. Introduction: Setting the Narrative I. Introduction II. Key Concepts III. Free Flow of Data V/S Data Sovereignty IV. The Digital Trade Global Data Governance Interface V. Conclusion 2. The Tussle and Harmony of Trade and Privacy I. Introduction II. Privacy, Digital Trade, and Cross-Border Data Flows III. Interface of Privacy Measures with International Trade Law IV. Aligning International Trade Law with Privacy Governance V. Conclusion 3. The Emerging Dimensions of Digital Trade and Cybersecurity I. Introduction II. Cybersecurity, Digital Trade and Data Flows III. Interface of Cybersecurity Measures and International Trade Law IV. Aligning International Trade Law with Global Cybersecurity Governance V. Conclusion 4. Data Access, Digital Trade and Global Data Governance I. Introduction II. Policy Rationale and Tools for Governmental Access to Data III. Data Access Measures and International Trade Law IV. Aligning International Trade Law and Data Access Measures V. Conclusion 5. Bridging the Global Data Divide through International Trade Law I. Introduction II. The Interface of Cross-Border Data Flows and the Global Data Divide III. Addressing Global Data Divide in International Trade Agreements IV. A Reform Agenda to Bridge the Global Data Divide V. Conclusion 6. Reconciling International Trade Law and Competition in the Data-Driven Economy I. Introduction II. The Intersection of International Trade Law and Competition Law in the Data-Driven Economy III. Competition Law, Digital Trade and Cross-Border Data Flows IV. The Role of International Trade Law in Enabling Competition in Data Economy V. Conclusion 7. Conclusion: Aligning International Trade Law and Global Data Governance: Towards a Multilayered Approach I. Introduction II. Recapping the Interface of International Trade Law and Global Data Governance III. Charting Pathways for Aligning International Trade law and Global Data Governance IV. Moving Towards a Multilayered Approach: A Future Research Agenda V. Conclusion