The Legal Problems Of Digital Trade In WTO System

The digital wave has swept the world with the help of Internet platforms.Countries have launched digital trade in hopes of further promoting economic development.This article is divided into five chapters,introducing the legal problems of digital trade in WTO system and trying to make an analysis.The first chapter is an overview of digital trade.It mainly introduces the definition and basic characteristics of digital trade,so as to clarify the conceptual connection and distinction between"digital trade"and"electronic commerce".Through the analysis of the value orientation of WTO members(such as the United States and the European Union)on digital trade,the attitude of major WTO members to the legal issues of digital trade and the specific effects of the system operation are discussed.The second chapter is the dilemma of the existing legal rules in the WTO system to regulate digital trade.The main members of the WTO have differences of value in the legal characterization of digital trade under the WTO framework,the tariff system,and the cross-border flow of data.At present,TRIPs'protection of intellectual property rights in trade has not yet reached the requirements of digital trade.At the same time,the success of the dispute settlement mechanism in giving digital content to the concluded treaties and thus extending its authority can not be verified.The above disputes lead to the delay in the implementation of a complete and unified digital trade rules within the WTO framework.The existing rules in the WTO system have obvious deficiencies in regulating digital trade.The third chapter is the construction of the legal rules of digital trade in the WTO system.Although some members have questioned the WTO as a negotiating platform for digital trade legal rules,based on the current state of international trade,the WTO's experience and authority in trade governance,and the content and actions of members in recent years,it can be concluded that WTO is still the best platform for formulating legal norms for digital trade.At the same time,it is not necessary to build an independent system of digital trade legal rules in addition to the existing rules of the WTO.This article will try to analyze the focus of dispute on digital trade legal rules among the main members of the WTO from the perspective of legal theory.According to the contents of the GATT,ITA,TRIPs and other agreements under the WTO framework,the perfection of the existing rules is elaborated.The fourth chapter is the legal rules and perfection of China's"Cybersecurity Law"to deal with digital trade.By analyzing the legality of the specific provisions of China's Cybersecurity Law and related regulations in the WTO system,this paper puts forward some policy suggestions on how to improve the legality of China's participation in international digital trade and how to improve the further legislation.The fifth chapter is the conclusion.This chapter will review and summarize the key contents of the full text.