Evolution of Global Digital Economic and Trade Rules
The historical evolution and international pattern of digital economic and trade rules have progressed through different stages, shaping the framework and main content of global digital trade agreements. From the missing stage to the current development stage, the rules have evolved to address the increasing digitalization of economies and e-commerce. The characteristics of these rules include expanding coverage, balancing regulation, and pushing for high standards in digital trade.
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The Historical Evolution and International Pattern of Digital Economic and Trade Rules Jie Bai Shandong University of Finance and Economics SDUFE
1. The evolution of digital economic and trade rules 2. Characteristics of digital economic and trade rules 3. International pattern of digital economic and trade rules 4. The framework and main content of digital economic and trade rules 2
1. The evolution of global digital economic and trade rules The evolution of digital economic and trade rules has roughly gone through four stages: the missing stage, the seed stage, the formation stage and the development stage.
The evolution of global digital economic and trade rules Stage Date Feature The development level of e-commerce and digitalization of the economy is extremely low, and there are basically no issues related to digital trade in the WTO framework. missing stage Before 1994 The development of e-commerce has accelerated, but the digitalization of the economy is still very low. Digital trade rules emerge in multilateral and bilateral FTAs. It has gradually expanded from separate articles to a special chapter on e- commerce, but has not formed the basic framework of digital trade rules. seed stage 1995-2014 Taking the TPP as a milestone, the basic framework and main contents of digital trade rules have been formed. And successively formed the American template and European template of digital trade rules. formation stage 2015-2018 Digital trade rules have been developed under bilateral, regional and multilateral frameworks, and digital trade agreements represented by UJDTA and DEPA have begun to appear. Participation in the Asia-Pacific region has gradually increased, forming a diversified development stage in which economies such as the United States, Europe, and Asia-Pacific fully participate. development stage 2019 to present
2. Characteristics of global digital economic and trade rules Digital trade rules have gradually formed their characteristics in the process of evolution. On the basis of sorting out and summarizing the relevant rules in multilateral, regional and bilateral FTAs and digital trade agreements, it is found that the current global digital trade rules have the following characteristics:
(1) The scope of coverage continues to expand. The object of regulation.The field of rule adjustment. (2) The rules take into account balance in the process of advancing to a high level. On the basis of CPTPP, USMCA pushes digital trade to an unprecedentedly high standard, and also pushes digital trade liberalization and cross-border information transmission liberalization to the extreme. It was callbacked in UJDTA, and major concerns such as digital sovereignty and national security were reflected in the rule setting.
(3) The mandatory rules continue to increase. There is only one mandatory clause in the WTO, three in the US-ROK FTA, and ten in the CPTPP. (4) From a single substantive rule to a fusion of substantive rules and procedural rules. TPP began to focus on the construction of procedural rules, USMCA has further improved the procedural rules, and DEPA has further enriched the procedural rules of specific issues.
3. International pattern of digital economic and trade rules Digital trade rules have formed a diversified system dominated by the United States, with versions 1.0, 2.0 and 3.0 evolving horizontally. American , European and Asia-pacific templates coexisting . China is in a marginal position in the process of digital economic trade rule making, and has not yet reached the level of version 1.0.
Digital Governance Cooperati o-n and Dispute Settleme nt Content Content Data Sharing and Flow Internet Platform Governance Industrial Governan ce Digital Trade Information Governance Intellectual Property right Technical Governanc e Security Precauti -ons \ \ Template Template Higher degree Higher degree of of liberalization liberalization Higher Higher degree of of facilitation facilitation Not Not Not Not High level of High level of data sharing data sharing Higher level Higher level of data flow of data flow involved in involved in the the internation internation al level al level involved involved in the in the internatio internatio nal level nal level Higher level Higher level of protection of protection Development Development orientation orientation higher higher level level American American Template Template Higher Higher level level low level low level degree Average level Average level of data of data sharing sharing Average level Average level of data flow of data flow Not Not Not Not High degree of High degree of liberalization liberalization High degree of High degree of facilitation facilitation involved in involved in the the internation internation al level al level involved involved in the in the internatio internatio nal level nal level Very high levelHigh level of High level of protection protection Regulatory Regulatory orientation orientation Average Average level level European European Template Template Very high level low level low level Higher Higher degree of of liberalization liberalization Higher Higher degree of of facilitation facilitation High degree of High degree of liberalization liberalization Higher degree Higher degree of of facilitation facilitation degree Higher level Higher level of data of data sharing sharing Higher level Higher level of data flow of data flow The The The The Singapore Singapore Template Template High level of High level of protection protection Regulatory Regulatory orientation orientation internation internation al level al level involves involves internatio internatio nal level nal level involves involves high high level level higher higher level level Higher Higher level level degree Asia Asia Pacific Pacific Template Template Average level Average level of data of data sharing sharing Average level Average level of data flow of data flow Balance Balance between between regulation regulation and and development development Not Not Not Not General General protection protection level level involved in involved in the the internation internation al level al level involved involved in the in the internatio internatio nal level nal level Chinese Chinese Template Template high high level level higher higher level level High level High level
American Templatelobbying of interest groups, mining data value, maintain data technical leadership, and the need to compete with China European Template privacy protection, prper intellectual property protection, and the need to maintain the independence of national culture Asia Pacific Template Singapore Template: penetration of "American template",developing domestic digital technology, providing institutional support for domestic internet platforms, and maximizing the spillover effect of the digital economy Chinese Template: remove trade barriers for Chinese products to be sold globally; digital sovereignty and national security; balance between encouraging innovation and obtaining technology spillovers 10
4. The framework and main content of global digital economic and trade rules Digital trade rules currently form three major sectors, mainly including digital trade facilitation, data development and flow, and digital governance. The main contents are shown in the following table.
Agreement clause CPTPP RCEP DEPA Electronic transmission duty free Non-discrimination in digital products Domestic electronic transaction regulatory framework Digital trade facilitation Electronic certification and electronic signature Paperless trading Logistics, electronic invoices, express delivery Data development Open government data Open network, network access and use Data sharing and flow Cross-border transfer of information by electronic means Location of computing facilities (data storage is not localized)
Agreement clause CPTPP RCEP DEPA Online consumer protection Personal Information Protection Information governance Unsolicited Commercial Electronic Messages Digital identity Intellectual Property Protection Protection of source code (algorithms) Protection of encrypted information and communication technology products Internet Platform Intellectual Property Disclaimer Internet Platform Governance Internet interconnection cost sharing Innovation and the digital economy Digital Governance Technology governance Emerging Trends and Technologies Digital inclusion Digital Economy Regulatory Framework Industrial governance Digital Competition Policy Coordination Cyber security Safety precaution Exceptions SME cooperation Cooperation and Dispute Resolution Joint committees, focal points Transparency Dispute Resolution
Digital trade facilitation rules: It is not challenging for a country's domestic system, and the international consensus is high. Data sharing and flow: The rules are improving day by day, and there is a lot of room for expansion, but it is also very difficult. The difficulties are mainly reflected in: First, the balance between the development of data resources and the protection of personal privacy. The second is the compatibility of the security challenges brought about by the cross-border flow of data and the different regulatory rules of various countries. Digital governance: At present, the agreement has begun to involve, there is a lot of room for expansion, and the governance spillover effect is very large, but it is not a challenge to the domestic system. An important starting point for the economy to empower the society and improve the level of digital governance.
Mutual Promotion of Dual Circulation of Domestic and Foreign Markets Thank you ! Conference of Chinese Economy and China s Dual Circulation Strategy 2022, October 15
