Digital Transformation as a Reshaper of Global Trade Law

The chapter explores the far-reaching effects of the digital transformation on trade and trade law. It first sketches the state of affairs under the multilateral forum of the World Trade Organization (WTO) and, second, analyzes the more de- liberate regulatory responses to the challenges of digitization formulated in free trade agreements (FTAs). The focus here is placed on distinct advanced models of digital trade regulation, such as the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP), as well as on particular forms of legal innovation, such as the new generation of Digital Economy Agreements. By looking at specific agreements, the chapter also demarcates the positioning of key stakeholders, in particular the US, the EU, and China, and contributes to the understanding of the dynamic and contentious landscape of global trade law, as reshaped by digital transformation in recent years. This chapter finally asks whether the emergent regulatory environment is adequate to match the data-driven economy and whether certain pitfalls of international cooperation and path dependencies hinder this