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The EU's digital trade policy

Briefing 25-01-2024

Digital trade has become a key element in the EU's trade policy. Every modern trade agreement that the EU has concluded contains a dedicated digital trade chapter. The digital trade provisions in EU trade agreements have evolved over time, which reflects the increasing role digital trade plays today in the world economy. While there is no clear measurement of digital trade yet, the OECD estimates nevertheless that digital trade represents around 25 % (in 2020) of total trade. The EU, as the world's ...

The Council of the EU has authorised the European Commission to represent the EU and its Member States in the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

Enforcement Regulation review

Lühitutvustus 13-01-2021

The blockage, since December 2019, of the Appellate Body of the Dispute Settlement Body of the World Trade Organization (WTO) creates legal gaps for the enforcement of international trade rules. To bridge these gaps, the European Commission proposed to broaden the scope of Regulation (EU) No 654/2014 concerning the exercise of the EU's rights for the application and enforcement of international trade rules ('the Enforcement Regulation'). The European Parliament is scheduled to vote at first reading ...

Socio-economic effects of digital trade and artificial intelligence on EU industries Artificial intelligence and new digital technologies are transforming digital trade. They facilitate the development of new business models of trade and reduce the geographical barriers of economic transactions. Such transformations are quite useful for the small and medium enterprises. Artificial intelligence is being adopted by both digital and non-digital sectors, but its adoption varies a great deal across ...

This brief provides a legal analysis of existing rules in digital trade regarding the various components of artificial intelligence (‘AI’), in particular (personal and nonpersonal) data, computer code in the form of algorithms, and computing power (including cloud computing). To do so, the first part of this analysis will map various international trade rules that affect cross-border flows of data, computer code and computing power to determine their respective advantages and disadvantages. ...

The Council of the European Union has authorised the European Commission to represent the EU and its Member States at the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and hosting states, and relies on arbitration procedures. However, there have been growing concerns among states ...

Strengthening the 2005 Regulation banning trade in items that could be used for torture or executions in third countries is to be the subject of a vote in the October plenary, following a compromise agreed in trilogue which takes in most of the EP's recommendations. The report of the Committee for International Trade (INTA), discussed in plenary in October 2015, had found that the Commission's initial proposals did not go far enough to address loopholes in the existing regulation.

The Rules on Transparency in Treaty-based Investor-State Arbitration of the United Nations Commission on International Trade Law (UNCITRAL), in force since April 2014, introduce requirements on the publication of certain documents in arbitral proceedings which apply the UNCITRAL arbitration rules. The new Mauritius Convention would allow those transparency rules also to be applied in disputes arising under investment agreements existing prior to April 2014. The Council is currently debating on what ...

Under Section 15 of the Chinese WTO Accession Protocol, China can be treated as a non-market economy (NME) in anti-dumping proceedings. The definition of China as a NME allows importing countries to use alternative methodologies for the determination of normal values, often leading to higher anti-dumping duties. The correct interpretation of Section 15(d) of the Chinese WTO Accession Protocol has come under debate, as well as whether the latter section stipulates the automatic granting of Market ...

Investor-State Dispute Settlement (ISDS) clauses in international investment agreements have traditionally been based on an approach which may be termed ‘light touch regulation’ of investment protection. The avenue taken by the recently negotiated EU draft agreements, the Comprehensive Economic and Trade Agreement (CETA) and the EU-Singapore Free Trade Agreement (EUSFTA), can be described as ‘more comprehensive regulation’. Likewise, EUSFTA and CETA provide a rather detailed body of law on substantive ...