Edited by Pierre Sauvé and Martin Roy
This Research Handbook explores the latest frontiers in services trade by drawing on insights from empirical economics, law and global political economy. The world’s foremost experts take stock of the learning done to date in services trade, explore policy questions bedevilling analysts and direct attention to a host of issues, old and new, confronting those interested in the service economy and its rising salience in cross-border exchange. The Handbook’s 22 chapters shed informed analytical light on a subject matter whose substantive remit continues to be shaped by rapid evolutions in technology, data gathering, market structures, consumer preferences, approaches to regulation and by ongoing shifts in the frontier between the market and the state.
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Chapter 14: Cross-border data flows: What role for trade rules?
A popular theme among trade negotiators of today is ‘new age’ issues. One such issue focuses on how to facilitate trade in services that involve data flows that cross national boundaries. According to the business community, trade in on-line information-oriented services is now facing obstacles with greater frequency than in the past. Spurred, in part, by concerns raised by industry, one bilateral trade agreement already contains a provision aimed at helping to alleviate the problem. This chapter examines some of the services associated with on-line data flows and the difficulties they experience. It considers how or when such obstacles might be considered ‘restrictions’ on trade. It reviews some of the existing multilateral rules and proposed texts that industry and governments hope can offer trade principles to govern cross-border data flows as well as relevant provisions of the General Agreement on Trade in Services (GATS). A main question addressed is whether, and in what ways, trade obligations may or may not address the obstacles identified or offer viable solutions.
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