The State of Play for Sustainable Development in the Joint Statement Initiative on Investment Facilitation for Development

This policy brief provides a state-of-play analysis of the WTO Joint Statement Initiative (JSI) on Electronic Commerce as of December 2022. It examines the evolving global e-commerce governance landscape, including national regulatory trends and the rise of Digital Economy Agreements, while detailing the progress of JSI negotiations, the restructuring of the consolidated negotiating text, and the efforts to address the digital divide and development concerns.

• As of December 2022, 87 WTO members are participating in the JSI on e-commerce negotiations, though the involvement of African countries and least developed countries (LDCs) remains limited. Only seven African WTO members are participating, including two African LDCs (Benin and Burkina Faso), alongside two Asian LDCs (Myanmar and Lao People’s Democratic Republic).
• The global e-commerce governance landscape is characterized by increased national policy interventions and a risk of digital fragmentation. Between January 2020 and January 2023, the Digital Policy Alert (DPA) Activity Tracker recorded 2,460 policy or regulatory changes among G20 governments and the European Union, with approximately 50% already implemented. Key areas of intervention include data governance, competition, taxation, and online content moderation.
• Digital Economy Agreements (DEAs) have emerged as a flexible, 'digital-only' alternative to traditional trade agreements. Unlike conventional treaties that use an 'all-or-nothing' approach, DEAs like the Digital Economy Partnership Agreement (DEPA) use a modular approach. These agreements address emerging Industry 4.0 technologies, such as artificial intelligence and digital identities, which are not yet found in traditional trade agreements.
• The WTO Work Programme on Electronic Commerce has seen a renewed focus on the 'digital divide' and development-related challenges following the COVID-19 pandemic. At MC12 on June 17, 2022, members agreed to reinvigorate the Work Programme with a specific emphasis on its development dimension, focusing on issues such as capacity building, technology transfer, and the inclusion of marginalized groups.
• The December 22, 2022, updated consolidated negotiating text (INF/ECOM/62/Rev.3) reflects a dilution of policy coverage and a structural reorganization. Notably, 'SECTION F: MARKET ACCESS' was removed, and several articles were moved to a new 'ANNEX' section. This shift suggests a strategy to pursue a 'thinner' agreement focusing on 'lower-hanging fruit' while postponing more contentious issues that may require consensus or the most favoured nation (MFN) principle.
• Technical negotiations in small groups have reached 'clean' or 'converged' texts on 10 articles as of December 2022. These include electronic transactions frameworks, electronic signatures/authentication, electronic contracts, paperless trading, open government data, online consumer protection, unsolicited electronic messages, transparency, cybersecurity, and access to and use of the internet.
• New initiatives have been launched to support developing countries and digital inclusion. This includes the E-commerce Capacity Building Framework announced at MC12, which coordinates efforts from the World Bank's DATA Fund, JICA, JETRO, and the Singapore–WTO Third Country Training Programme. Additionally, new text proposals from Côte d’Ivoire and New Zealand seek to integrate special and differential treatment and the inclusion of Indigenous Peoples, women, and rural communities.

APA

Ismail, Y. (2023). The State of Play for Sustainable Development in the Joint Statement Initiative on Investment Facilitation for Development. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-en.pdf

Chicago

Ismail, Yasmin. The State of Play for Sustainable Development in the Joint Statement Initiative on Investment Facilitation for Development. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-en.pdf.

Wikipedia

{{cite report |last1=Ismail |first1=Yasmin |title=The State of Play for Sustainable Development in the Joint Statement Initiative on Investment Facilitation for Development |publisher=International Institute for Sustainable Development |date=March 2023 |url=https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-en.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ismail2023state, author = {Ismail, Yasmin}, title = {{The State of Play for Sustainable Development in the Joint Statement Initiative on Investment Facilitation for Development}}, institution = {International Institute for Sustainable Development}, year = {2023}, month = mar, url = {https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-en.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }