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Understanding the Role of the WTO in International Data Flows: Taking the Liberalization or the Regulatory Autonomy Path?

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  • Nivedita Sen

Abstract

Recent years have witnessed a surge in discussions relating to data and data flow in trade fora. This was predictable given the importance of data for trade in the digital economy, especially e-commerce. However, there is a major discord between WTO members on issues relating to data flows and data localization. This article sets out to understand how data flows across borders and the types of trade restrictive data localization measures members use. The analysis of various restrictions on data flows imposed by states reflects the different objectives behind them, targeting all or specific types of data. Such regulations potentially violate existing WTO commitments. The article concludes with a call for issuing a multilateral amendment of existing norms, and undertaking a data differentiated approach to resolve the deadlock at the WTO.

Suggested Citation

  • Nivedita Sen, 2018. "Understanding the Role of the WTO in International Data Flows: Taking the Liberalization or the Regulatory Autonomy Path?," Journal of International Economic Law, Oxford University Press, vol. 21(2), pages 323-348.
    • Handle: RePEc:oup:jieclw:v:21:y:2018:i:2:p:323-348.
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    File URL: http://hdl.handle.net/10.1093/jiel/jgy021
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    Cited by:

    1. Yoshinori Abe, 2020. "Data Localization Measures and International Economic Law:How Do WTO and TPP/CPTPP Disciplines Apply to These Measures?," Public Policy Review, Policy Research Institute, Ministry of Finance Japan, vol. 16(5), pages 1-29, August.
    2. Richard Pomfret, 2020. "Global Production Networks, New Trade Technologies and the Challenge for International Institutions," Foreign Trade Review, , vol. 55(1), pages 21-41, February.
    3. Lijuan Yang, 2023. "Recommendations for metaverse governance based on technical standards," Palgrave Communications, Palgrave Macmillan, vol. 10(1), pages 1-10, December.
    4. Manfred Elsig & Sebastian Klotz, 2021. "Digital Trade Rules in Preferential Trade Agreements: Is There a WTO Impact?," Global Policy, London School of Economics and Political Science, vol. 12(S4), pages 25-36, May.
    5. Slok-Wodkowska Magdalena & Mazur Joanna, 2021. "The EU's regional trade agreements: How the EU addresses challenges related to digital transformation," International Journal of Management and Economics, Warsaw School of Economics, Collegium of World Economy, vol. 57(2), pages 105-120, June.
    6. Ferracane,Martina Francesca & Van Der Marel,Erik Leendert, 2021. "Regulating Personal Data : Data Models and Digital Services Trade," Policy Research Working Paper Series 9596, The World Bank.

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