The second Forum on the Rule of Law in Global Digital Trade convened on November 24, 2023, at the Global Digital Trade Expo in Hangzhou, Zhejiang Province, China. The forum aimed to enhance international dialogue on strengthening rulemaking, regulations, management, and standards in digital trade.
Among the distinguished attendees was Professor Mira Burri from the University of Lucerne, Switzerland, a specialist in international economic and internet law. She shared her insights on the evolving landscape of global digital trade and the challenges posed by geopolitical tensions.
Impact of Geopolitical Rivalries
Professor Burri expressed concern over the increasing politicization of trade, digital technology, and international financial instruments amid rising geopolitical rivalries. “We have these competing interests and a sort of contestation across stakeholders that would like to be at the forefront of digital innovation and digital growth,” she noted.
She highlighted that protectionist measures resulting from geopolitical tensions could undermine the potential of the data-driven economy. “Some stakeholders actually use protectionist measures like targeting other parties and protecting their own economy rather than opening up. This goes against what the data-driven economy can enable—a globalized market where many countries can benefit,” she said.
Despite these challenges, Professor Burri acknowledged signs of convergence in international agreements. “Countries recognize how important the global digital economy is, and they still enter into certain cooperation, at least partially,” she observed. “We see crosscurrents; it’s not all going in one direction. It’s quite a complex environment, legally and geopolitically speaking.”
Inclusivity for the Global South
Addressing the role of Global South countries in shaping digital trade frameworks, Professor Burri emphasized the need for inclusivity. “This is a good point in time to remedy the situation and ensure that the regulatory framework and the economy itself is inclusive and open, taking into consideration the very specific interests and characteristics of different countries,” she explained.
She suggested that legal frameworks could be designed flexibly to accommodate the needs of developing countries. “Law can be designed in such a way that properly takes these interests into account and makes the framework inclusive and equitable,” she added.
China’s Proactive Role in Digital Trade
Professor Burri highlighted China’s proactive approach in digital trade rulemaking over the past several years. “China has positioned itself in a very proactive manner in this landscape,” she said, noting China’s participation in the Regional Comprehensive Economic Partnership (RCEP).
“Through RCEP, China has commitments on data flows and a ban on localization measures, but those are linked to also protecting China’s and all the RCEP parties’ policy space,” she explained. “In a lot of areas, governments can still do a lot of things without violating their obligations under the treaty.”
She underscored the dynamic nature of the digital trade rulemaking landscape. “A lot of countries are participating in this in a very proactive manner—not only the usual suspects like the United States and the European Union, but indeed all stakeholders across developing and developed countries,” she observed.
Reference(s):
Decoding the geopolitics of global digital trade and rulemaking
cgtn.com
