Reforming Digital Trade Rules at the WTO: Clarifying E-Commerce Regulation Policy Space for Economic Inclusion

Abstract

Purpose: The purpose is to critically analyze the challenges and opportunities associated with reforming digital trade rules at the WTO, in order to explore the implications of ambiguous language and propose new principles and interpretative guidance to refine the rules.

Methodology: The methodology involves analysis of ambiguous language in existing WTO agreements and proposed e-commerce rules, examination of influence on domestic digital sector capacity, case studies of digital industrial policies and technology regulations, and a proposal for new principles and interpretative guidance.

Findings: The key findings are that ambiguity allows powerful tech giants to contest policies, impacts nurturing of domestic digital sector capacity, and burdens emerging markets. Case studies illustrate tensions around policy space for inclusive innovation.

Unique contribution to theory, policy and practice: The unique contributions are the proposal of new principles to refine digital trade rules, development of interpretative guidance to affirm regulatory autonomy rights, and comparison with past WTO pharmaceutical patent waivers debate to emphasize need for adaptive and inclusive regulatory frameworks. Recommendations focus on promoting economic inclusion, innovation, competitiveness, and collaborative approaches in the digital era.