International Trade Law and Global Data Governance - (Studies in International Trade and Investment Law) by Neha Mishra

About the Book

Book Synopsis

This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance.

Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law. Thereafter, each of these chapters explores the challenges and possibilities for aligning international trade law with evolving norms, standards and best practices in that specific area of data regulation, both at the domestic and transnational level.

Drawing upon these findings, the final chapter proposes a multilayered framework for aligning international trade law with evolving norms and practices in global data governance. The key message of the book is that international trade law can and should meaningfully align with and contribute to the development of transnational data governance norms and practices. It can also foster robust regulatory cooperation among various stakeholders of the digital economy.

As the book offers a broad perspective on the significance of digital trade rules in a datafied world, it will benefit scholars, practitioners and policymakers working on digital trade and data regulation, helping its readers explore fresh avenues in the future development of digital trade rules.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Review Quotes

"International Trade Law and Global Data Governance: Aligning Perspectives and Practices by Neha Mishra is a groundbreaking and meticulously researched work that stands as a significant contribution to the field of international trade law and digital governance. Mishra's brilliance shines through in her thorough analysis and insightful understanding of the complex interplay between global data governance and international trade regulations. Her innovative proposals, including a non-binding framework for data protection and cybersecurity, and the development of new instrumentalities in international trade law, demonstrate her exceptional foresight and deep expertise.

Mishra's ability to articulate complex ideas with clarity and propose practical solutions is a testament to her profound knowledge and dedication to the field. Her book is not only an academic achievement but also a practical guide for policymakers, legal practitioners, and scholars interested in the future of digital trade and data regulation. This work is a must-read for anyone seeking to navigate the evolving landscape of global digital governance, offering valuable insights and a path forward in a world increasingly shaped by digital technologies. Mishra's contribution to the discourse on international trade law and data governance is undoubtedly brilliant, making her a leading voice in this critical area of study." --Simon Lacey, Head of Digital Trade and Geopolitics at the Word Economic Forum

"Neha Mishra masterfully navigates the complex interplay between the data-driven economy and diverse legal frameworks, offering a forward-thinking synthesis of critical issues on digital trade, privacy, cybersecurity, data flow and access, and competition in a polarized world. Premised upon comprehensive research and compelling narratives, this book proposes a multi-layered framework designed to align the principles of international trade with contemporary norms and practices in data governance, making it an indispensable guide for academics and policymakers." --Ching-Fu Lin, Professor at National Tsing Hua University, Taiwan

"This book is a timely and important exploration into where trade law can be further developed to support key digital policy areas including privacy, cybersecurity and competition. A must read for anyone working at the intersection of data, trade and international law." --Joshua Meltzer, The Brookings Institution, USA

"Neha Mishra expertly navigates through the intricate landscapes of data-driven economies and legal frameworks, going beyond the traditional spheres of privacy and cybersecurity by also addressing the intersections of trade and competition law, as well as the digital divide. Her pragmatic yet innovative approaches, including advocating for a multilayered approach to data governance, offer a blueprint for aligning global digital trade laws with the evolving demands of digital governance. This makes the book an indispensable resource and guide for scholars and policymakers alike who are looking to understand and navigate the future of digital trade law and data policy." --Franziska Sucker, Associate Professor at the University of the Witwatersrand, South Africa

"Neha Mishra navigates the complex interplay between international trade law and global data governance with exceptional clarity, precision, and nuance. In a world increasingly reliant on digital infrastructures, she underscores the pressing need for innovative governance arrangements capable of balancing the competing interests and values at play. Her analysis of critical policy areas - privacy, cybersecurity, data access, inequality, and competition - is impeccably researched and will be of tremendous value for scholars and policy-makers." --Thomas Streinz, Adjunct Professor of Law and Executive Director of Guarini Global Law & Tech at NYU Law, USA

"Both policymakers and academics will find this book to be insightful and a welcome contribution to the debate on the role of international trade law in the development of a global framework for data governance." --Journal of World Investment and Trade

About the Author