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This book addresses the challenges of datafication through the lens of international economic law. We are undergoing a wave of datafication practices. If such practices simply continue to evolve without being examined and repaired along the existing path of development, the same issues will continue to accumulate and will more than likely be amplified. The unprecedented economic and social influence of big tech has served as the catalyst for the concept of 'digital sovereignty,' which is rooted in the need to safeguard regulatory autonomy in a datafied world. The current wave of data-driven innovations has placed the policy debates on digital trade and data governance into an even more challenging context. The book – whose chapters are connected by the many facets of 'data' - systematically explains how international economic law can reduce the perils of datafication instead of enhancing them. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
This chapter calls for caution in the US drive to negotiate new trade provisions to govern the digital economy. It is in four parts. Part I introduces the transformative nature of innovation in the data-driven economy. Part II presents the severe challenges posed by this development, including its contribution to monopolization, inequality, social control through surveillance, geopolitical competition between the United States and China, and system vulnerability. Part III assesses the current trade negotiating context involving competing models advanced by the United States (advocating free data flow), the European Union (promoting privacy regulation), and China (stressing sovereignty and the facilitation of trade in goods through e-commerce). Part IV presents a governance framework that calls for modesty in recognition of national differences and the severe challenges posed, while building institutions to foster deliberation and learning in light of uncertainty.
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.
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