Digital Trade Provisions in Preferential Trade Agreements: Introducing a New Dataset

2020 ◽  
Vol 23 (1) ◽  
pp. 187-220 ◽  
Author(s):  
Mira Burri ◽  
Rodrigo Polanco

ABSTRACT The article introduces a new dataset that seeks to comprehensively trace developments in the area of digital trade governance. The TAPED (Trade Agreements Provisions on Electronic-Commerce and Data) dataset includes a detailed mapping and coding of all preferential trade agreements that cover chapters, provisions, annexes, and side documents that directly or indirectly regulate digital trade. This article presents the methodology behind TAPED and provides an overview of the evolution of digital trade provisions in preferential trade agreements, highlighting also some emerging trends. It then takes a look at the substance of selected rules found particularly in electronic commerce chapters and maps the diversity of approaches in tackling issues meant to facilitate online trade, such as the customs duty moratorium on electronic transactions or paperless trading, and discusses the very recent rule-making with regard to cross-border data flows. This is of course merely a glimpse of the wealth of information that TAPED provides, and the goal of this article is simply to uncover the great variety and the complexity of the norms found in the preferential trade agreements on digital trade governance, which reveals the value of the dataset.

2019 ◽  
Vol 22 (3) ◽  
pp. 389-416
Author(s):  
Andrew D Mitchell ◽  
Neha Mishra

Abstract While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (`WTO') discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, which take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promoting digital inclusion of developing countries, and incorporating clear exceptions for legitimate domestic policies.


Author(s):  
Echandi Roberto

This chapter argues that investment disputes, particularly those that have arisen in the context of the implementation of NAFTA, have influenced the refinement of the provisions of new generation international investment agreements (IIAs) as well as the inclusion of a series of procedural and substantive innovations. It addresses the main distinction between BITs and investment chapters in preferential trade agreements (PTAs), focusing on the evolution of their respective rationales. It looks at the main features of the new generation of IIAs and explains how such features respond to challenges derived from the interpretation of substantive and procedural provisions included in previous agreements. The discussion is organized under two themes: (i) moving from the original exclusive focus on investment protection towards also promoting liberalization of investment flows; and (ii) the impact of investor-state dispute settlement on investment rule-making.


Author(s):  
Leonardo Borlini

An increasingly important aspect of EU trade policy since the lifting of its self-imposed moratorium on preferential trade agreements (PTAs) has been the inclusion of WTO+ provisions on subsidies in bilateral agreements negotiated with a number of third countries. This article covers the main bilateral PTAs negotiated after the publication of the Commission’s Communication on ‘Global Europe’ in order to explore the implications of the different subsidy disciplines they set out. It also discusses the questions that arise when examining the legal discipline of public aid provided by such agreements, regarding not only the substantive appropriateness of standards and rules on compatibility, but also the procedural mechanisms designed to guarantee the implementation and the enforcement of such rules. It concludes that the most advanced among the EU PTAs are shaped as competition regulation and go beyond a mere negative function, ensuring that subsidies can contribute to fundamental public goals.


2006 ◽  
Vol 96 (3) ◽  
pp. 896-914 ◽  
Author(s):  
Nuno Limão

Most countries are members of preferential trade agreements (PTAs). The effect of these agreements has attracted much interest and raised the question of whether PTAs promote or slow multilateral trade liberalization, i.e., whether they are a “building block” or “stumbling block” to multilateral liberalization. Despite this long-standing concern with PTAs and the lack of theoretical consensus, there is no systematic evidence on whether they are actually a stumbling block to multilateral liberalization. We use detailed data on U.S. multilateral tariffs to provide the first systematic evidence that the direct effect of PTAs was to generate a stumbling block to its MTL. We also provide evidence of reciprocity in multilateral tariff reductions.


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