Digitalization and its role in international economic law

Locknie Hsu

Chapter 5 in A Research Agenda for Global Power Shifts and International Economic Law, 2025, pp 127-146 from Edward Elgar Publishing

Abstract: This chapter aims to explore some key trends in the digital economy affecting the intersections of law, policymaking, business, technology, and trade. As technological developments and business applications continue to march ahead of the law, gaps in laws and regulatory activity become more evident and pressing. Legal notions and constructs are also challenged by such developments. These challenges are driven by some key trends, including decentralization; a lack of satisfactory and agreed legal definitions relating to technology applications and outcomes and their legal treatment; and lagging human expertise in many jurisdictions around the world. The first is illustrated in a number of blockchain-related and artificial intelligence applications in finance and governance. The second is illustrated by developments in crypto “assets” and their legal treatment; while the third is observed in the lack of capacity in many parts of the world to deal with the first two trends, as well as to deal with related problems of cybersecurity. Another factor of relevance is the evolution of economic agreement provisions and Digital Economy Partnership Agreements and their potential roles in addressing some of these challenges.

Keywords: Technology; International economic law; Trade law; Investment law; World Trade Organization (WTO); Free trade agreements; Digital Economy Partnership agreements; Blockchain; Cryptocurrencies; Central bank digital currencies (CBDCs); Artificial intelligence (AI); Source codes; Digital divide (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035311491
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