Digital Trade and Global Data Governance Charting new pathways in international economic law

The author argues that current international trade law is insufficient for managing the complexities of the digital economy, particularly regarding data-restrictive measures and the global data divide. The paper proposes a multi-layered approach combining binding treaties with soft law and multistakeholder cooperation to foster regulatory interoperability and digital inclusion.

• There is a critical need for a balanced narrative on data flows to replace the counterproductive dichotomy of 'free flow of data vs. data sovereignty', which leads to regulatory fragmentation.
• International trade law often fails to provide clear answers for data governance because data-restrictive measures—such as data localization or cybersecurity bans—create complex legal frictions regarding non-discrimination and market access.
• A significant 'data divide' exists between developed and developing nations, characterized by inadequate infrastructure and 'data colonialism' by Big Tech companies from powers like the United States and China.
• Existing WTO disciplines on special and differential treatment are described as weak and ineffective, failing to provide robust mechanisms for regulatory assistance or technical support to developing countries.
• The disproportionate data advantage of Big Tech monopolies stifles new market entrants and enables massive user surveillance, yet international trade law lacks updated disciplines specific to digital sector competition.
• The author advocates for a 'multi-layered approach' that integrates binding treaty provisions (PTAs and DEAs) with soft law, transnational standards, and informal regulatory cooperation.

APA

Mishra, N. (2024). Digital Trade and Global Data Governance Charting new pathways in international economic law. International Institute for Sustainable Development. https://www.iisd.org/articles/policy-analysis/global-data-governance

Chicago

Mishra, Neha. Digital Trade and Global Data Governance Charting new pathways in international economic law. International Institute for Sustainable Development, 2024. https://www.iisd.org/articles/policy-analysis/global-data-governance.

Wikipedia

{{cite report |last1=Mishra |first1=Neha |title=Digital Trade and Global Data Governance Charting new pathways in international economic law |publisher=International Institute for Sustainable Development |date=30 October 2024 |url=https://www.iisd.org/articles/policy-analysis/global-data-governance |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{mishra2024digital, author = {Mishra, Neha}, title = {{Digital Trade and Global Data Governance Charting new pathways in international economic law}}, institution = {International Institute for Sustainable Development}, year = {2024}, month = oct, url = {https://www.iisd.org/articles/policy-analysis/global-data-governance}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }