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Prospective Legal Framework for Digital Economy and Digital Trade

  • Jamil Afzal,
  • Yongmei Chen

摘要

This chapter discusses the need and possibility of defining a shared legal framework of the digital economy and digital trade. This section examines the international law contribution to develop a consistent digital framework based on the existing global and regional agreements to determine the best practices and the legal principles to apply to the BRI context. It identifies the central elements of an ordinary legal framework, with data control, the support of digital trade, consumer protection, cybersecurity, and intellectual property. The findings of this chapter suggest creating a common system of digital dispute resolution that is provided by the BRI and facilitated by technology-supported processes, joint involvement of stakeholders, and a combination of mediation and negotiation procedures. It presents policy-based solutions on the alignment of national regulations, the creation of a BRI-specific digital trade deal, institutional capacity building, and technical support.