International Data Flows and Privacy: The Conflict and Its Resolution by Aaditya Mattoo and Joshua P. Meltzer

The European Union‚Äôs General Data Protection Regulation (GDPR) widens the scope and strengthens the enforcement of privacy standards. To protect privacy abroad, personal data is allowed out of the EU under strict conditions: if a non-EU country enacts privacy legislation equivalent to the GDPR, or if firms accept Binding Corporate Rules (BCR) or use Standard Contractual Clauses (SCC) for specific business deals. These conditions pose a challenge, particularly for developing countries. A GDPR-based national privacy law would impose the same high standard on all firms, even when they sell at home, leading to higher economy-wide costs of doing business. BCRs and SCCs have proved to be costly and time-consuming. While the GDPR may raise WTO issues, litigation cannot address the central challenge: preserving opportunities for digital trade while respecting countries‚Äô chosen levels of privacy protection. An alternative approach would involve negotiating agreements under which data destination countries protect the privacy of foreign citizens in return for source countries committing not to restrict data flows, as in the EU‚ÄďUS Privacy Shield and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). In parallel, and as a step toward multilateralizing these agreements, countries would develop common privacy principles, building upon the work in the OECD and APEC.

https://doi.org/10.1093/jiel/jgy044

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Library acquisitions — November 2018

We are pleased to share our list of selected new acquisitions from November 2018. You can send your requests to Web.Librarian@wto.org.

The list is also available on Library’s website: http://intranet/__resources/library/_en/new_for_you_new_books.html.

For continuous updates on the latest trade news, don’t forget to check out the “Latest in trade” RSS feed: http://intranet/en/resources/library/library.htm

Kind regards,

Your WTO Library Team

Covers Title, Authors/Editor details, WTO catalogue records email request links Previews
Can blockchain revolutionize international trade? / Emmanuelle Ganne.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927425

Request: web.librarian@wto.org

Full-text: http://bit.ly/2UkRqNN
The evolution of the non-market economy treatment in the multilateral trading system / Bin Zhang.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927271

Request: web.librarian@wto.org

Preview: http://bit.ly/2SuCcE4
Les incitations fiscales en faveur de l’√©conomie : analyse de conformit√© de mesures sectorielles √† la Constitution f√©d√©rale, aux r√®gles de l’Union europ√©enne en mati√®re d’aides d’√Čtat et aux r√®gles de l’Organisation mondiale du commerce / J√©r√īme Marcel B√ľrgisser.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927328

Request: web.librarian@wto.org

Preview unavailable
Informe sobre el comercio mundial 2018 : El futuro del comercio mundial : cómo las tecnologías digitales están transformando el comercio mundial / Organización Mundial del Comercio.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|12689689

Audio of launch during WTO Public Forum 2018 available: https://www.wto.org/english/forums_e/public_forum18_e/pf18_session_e.htm?session=41

Request: web.librarian@wto.org

Full-text: http://bit.ly/2AWMQfO
Invertir en competencias para el comercio inclusivo : estudio conjunto de la Oficina Internacional del Trabajo y la Organizaci√≥n Mundial del Comercio / Marc Bacchetta … [et al].

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927409

Request: web.librarian@wto.org

Preview unavailable
Investir dans les comp√©tences pour un commerce inclusif: √©tude conjointe du Bureau international du travail et de l’Organisation mondiale du commerce / Marc Bacchetta … [et al.].

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927407

Request: web.librarian@wto.org

Preview unavailable
Making trade work for the environment, prosperity and resilience / World Trade Organization, UN Environment.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927405

Request: web.librarian@wto.org

Full-text: http://bit.ly/2Uiy0ZO
The Pacific Alliance in a world of preferential trade agreements : lessons in comparative regionalism / [edited by] Pierre Sauv√©, Rodrigo Polanco Lazo, Jos√© Manuel √Ālvarez Z√°rate.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927310

Request: web.librarian@wto.org

Preview: http://bit.ly/2Urwjtg
Rapport sur le commerce mondial 2018: L’avenir du commerce mondial: comment les technologies num√©riques transforment le commerce mondial / Organisation mondiale du commerce.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|12689598

Audio of launch during WTO Public Forum 2018 available: https://www.wto.org/english/forums_e/public_forum18_e/pf18_session_e.htm?session=41

Request: web.librarian@wto.org

Full-text: http://bit.ly/2UrwKUq
Regulatory autonomy in international economic law : the evolution of Australian policy on trade and investment / Andrew D. Mitchell, Elizabeth Sheargold, Tania Voon.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927289

Request: web.librarian@wto.org

Preview: http://bit.ly/2QdwlWY
The right to food and the World Trade Organization’s rules on agriculture : conflicting, compatible, or complementary? / by Rhonda Ferguson.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927301

Request: web.librarian@wto.org

Preview: http://bit.ly/2ronO4Y
Trabalho, com√©rcio e dignidade : no direito internacional contempor√Ęneo : desafios e perspectivas para a atua√ß√£o da OIT e da OMC / Gustavo Fernandes Meireles.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927396

Request: web.librarian@wto.org

Preview: http://bit.ly/2QfUXyA
The WTO and food security : implications for developing countries / Sachin Kumar Sharma.

WTO catalogue : http://wto.aquabrowser.com/?itemid=|WTO-Marc|1927346

Request: web.librarian@wto.org

Preview: http://bit.ly/2EgtpCD

 

Evolutive Interpretation by the WTO Adjudicator by Gabrielle Marceau.

Several types of changes can take place between the conclusion of a treaty and when its provisions call for interpretation, e.g. changes in the political, social, historical or legal context; technological changes; linguistic changes; or changes in the law. Traditionally, interpreters refused to consider changes that may have occurred since the treaty‚Äôs conclusion. Today, many argue that it is more legitimate for a treaty interpreter to take account of these changes and use an ‚Äėevolutionary‚Äô or ‚Äėdynamic‚Äô interpretation. The issue of changes is particularly relevant in the context of the World Trade Organization (WTO) Treaty, because it combines long-standing provisions with more recent ones, and because international trade has evolved greatly, notably with electronic trade (e-commerce) and new means of distribution that did not exist when the WTO was concluded. The different types of changes discussed in this article may be grouped into four non-mutually exclusive types of situations, which will be examined through the prism of the interpretation process set out in Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT). While different types of evolutionary interpretations can be considered under standard rules of interpretation in public international law, the use of the term ‚Äėevolutionary interpretation‚Äô allows for a more global understanding of the phenomenon, and might have, at the very least, a symbolic value.

https://doi.org/10.1093/jiel/jgy042

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Can Blockchain Revolutionize International Trade?

Can blockchain revolutionize international trade?

This is the question posed and addressed by the latest WTO publication, launched 27 November 2018.  The publication examines how the technology of blockchain could be beneficial or transformative in various areas of trade related to the work of WTO.

This publication is available for free consultation and download here: https://www.wto.org/english/res_e/booksp_e/blockchainrev18_e.pdf

An audio recording the book launch event on 27 November 2018 has also been made available here: https://www.wto.org/english/res_e/reser_e/workshop_blockchain_271118_e.htm

World Trade Report 2018

The 2018 edition of World Trade Organization’s annual World Trade Report¬†was launched 3 October 2018 during a session of the WTO Public Forum.

World Trade Report 2018: The Future of World Trade: How Digital Technologies Are Transforming Global Commerceexamines how the Internet of things, artificial intelligence, 3D printing, and blockchain are transforming global commerce today and are likely to impact it further in the years to come. [The report] provides an economic analysis of the different ways in which these digital technologies affect international trade and tries to quantify the extent to which global trade may be affected in the next fifteen years. It also examines the consequences of this transformation of international trade for existing and future international trade co-operation.”

The session was livestreamed and featured opening remarks from DG Roberto Azevêdo, followed by a panel discussion with Abdoullah Cisse, Caroline Freund, and Susan Lund, moderated by Robert Koopman.

The report “shows that digital technologies are likely to further reduce trade costs and boost trade significantly, especially in services and for developing countries” and discusses how digital technologies can unlock savings and will significantly affect what the world trades. The report also features, for the first time, opinion pieces from external contributors, sharing their independent perspectives on what lies ahead in the future of world trade.

An executive summary of the report is available in English, French, and Spanish, and the full report can be downloaded from the WTO website in English, French, and Spanish.

More information on this publication can be found in the press release here.

To learn more about the availability of this year’s and past editions of World Trade Report through the WTO Library, in print and electronic formats,¬†visit the publication’s record in the WTO Library catalogue.

New publications from OECD, late September 2018

New OECD publications have been uploaded to the OECD iLibrary, a comprehensive digital repository of books, papers, and statistics from the Organisation for Economic Cooperation and Development (OECD). Titles recently added include:

These volumes and more are accessible from the OECD iLibrary by WTO staff and WTO Library patrons.

Using Trade Facilitation to Assist MSMEs in E-Commerce in Developing Countries by Rutendo Tavengerwei.

In anticipation of the 11th WTO Ministerial Conference (MC11), several developing country Members submitted proposals reflecting concerns related with e-commerce and the continued involvement of micro, small and medium enterprises (MSMEs) in cross-border e-commerce. Some developing countries perceive the booming significance of MSMEs as an opportunity to further enhance their economic relevance by incorporating them into e-commerce. The increase of MSMEs in e-commerce has also been reflected by the International Trade Centre (ITC). In one of the ITC’s most recent surveys conducted on 2262 firms, the statistics indicated that of the firms that engage solely in cross-border e-commerce, 82% are MSMEs. Notwithstanding these significant changes on the ground, Members have differed significantly in their views since 1998 concerning the e-commerce agenda. This has created considerable inroads in defining what e-commerce is as well as the rules that should regulate e-commerce. More recently, the e-commerce dialogue has reflected concerns on how the WTO could potentially deal with the rapid inclusion of MSMEs in the market through e-commerce. Although all companies face red tape in cross-border trade, due to size and financial constraints, MSMEs in developing countries face the most challenges in cross-border e-commerce. Many of these problems are related to the cross-border delivery of goods, the after-sales services as well as limited cross-border de minimis exemptions that discourages MSMEs from e-trading. Therefore, several Members consider that it is vital to continue to work on trade facilitation matters, especially those that are forward looking and can better assist MSMEs to better integrate into the e-commerce world. This article adopts two specific discussion points based on the proposals submitted by different Members for the WTO MC11 suggesting ways to move forward. First, using case studies from different countries, the article will focus on some of the challenges faced by MSMEs in developing countries, such as inefficient customs administration which is a result of issues related to cross-border trade. Part of this discussion will also assess how developing countries can use the recently agreed TFA to address these issues. The second part of the article will focus on how current provisions in the TFA as well as other forward looking trade facilitation efforts that are not reflected in the agreement, can help MSMEs to benefit from cross-border e-commerce. In relation to this part of the discussion, an exploration of the possibilities of technical assistance and capacity building that is e-commerce relevant would thus be necessary. Finally the article will conclude, highlighting limitations associated with the recommendations given.

https://doi.org/10.1093/jiel/jgy022

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