DIGITAL TRANSFORMATION : HERALDING IN A NEW ERA FOR INTERNATIONAL TRADE LAW

Digital technologies, taken as a broad category of technological inventions and applications, can be said to fall under the rare class of “disruptive technologies” that trigger profound societal transformations. This may demand changes in law and policy that go beyond incremental adjustment and necessitate a rethinking of existing approaches. It is the purpose of this article to explore the interfaces between digitally spurred transformations and how these have been reflected, or not, in global trade law frameworks. The article discusses the current regulatory framework for digital trade: first, by exploring the state of affairs under the auspices of the World Trade Organization (WTO) and second, by analysing the more deliberate regulatory responses to the digital challenge formulated in free trade agreements (FTAs). The article finally seeks to contextualise the existing legal framework and assess its adequacy for the contemporary data-driven economy