| On January 1,2022,the Regional Comprehensive Economic Partnership(RCEP)came into force,setting the free trade area for the world’s largest economy,bring new business and economic vitality to the asia-pacific region.At present,we are in the digital information age,the innovation of the global Internet technology industry is more active than ever,the development of the digital economy and digital trade show a good ecology,and many countries have included the issue of digital trade in the international trade rules,to drive the digital economy forward.RCEP also embodies the general principles of promoting the free flow of data across borders in the e-commerce chapter in an attempt to protect digital trade.The entry into force of RCEP will undoubtedly bring more business cooperation opportunities in the digital economy,make digital trade shine in the asiapacific region,and provide a broad stage for our country to conduct international competition in the field of digital information.But digital trade is fundamentally different from traditional trade in terms of patterns,and the ease of cross-border flow of data does not mean it has only advantages.The traditional geographical boundary is broken frequently in the process of data cross-border flow,which causes the problem of data sovereignty and national security.National Security is an eternal and long-standing problem,which is related to the root of a country.No country can give it up for the sake of economic development.At this time,the security exception clause as a balance between national security interests and the unique provisions of digital free trade shows an important value.RCEP has just come into effect,and digital trade is a new mode of international trade,and the relevant security exception rules need to be improved.Therefore,the application of RCEP security exception clause in digital trade is worthy of attention and research.This paper focuses on the application of RCEP security exceptions in digital trade,starting with the definition of relevant concepts and theoretical basis,and based on the current legislative situation and typical cases,summarizes the existing problems in the current application,after drawing on the experience of the legislation and application of important international treaties,this paper puts forward some suggestions for improvement.Specifically,this paper consists of six parts.First,the introduction.In this paper,the methods of literature retrieval,book access to grasp the current research background,analysis of research purposes and significance,review the domestic and foreign research trends,lay the foundation for research.Second,the definition of relevant concepts and theoretical basis.This paper defines the concept of digital trade and security exception clause scientifically based on academic research and practical attitude,and takes non-traditional security theory,data sovereignty theory and regional economic integration theory as the theoretical basis,to provide theoretical support for the following text.Third,the status quo of legislation and typical case analysis.This paper analyzes two RCEP security exception clauses related to digital trade,and probes into the practical problems from the dispute focus of typical cases,so as to provide practical guidance for regulating the application of RCEP security exception clauses.Fourth,problems in application.Based on the above,this paper concludes that there are three problems in the application of RCEP security exception clause in digital trade: vague scope of application,broad applicable standards and lack of review rules.Fifth,international experience and enlightenment.Digital security is a hot topic.There are many legislative norms or judicial practices of security exception clauses in digital trade.Taking important international treaties as an example,this paper analyzes the Enlightenment for RCEP security exception clause.Sixth,improve the proposal.To sum up,this paper thinks that we should perfect the application of RCEP security exception clauses in digital trade from three aspects: the scope of application of norms,the strict application of standards,and the establishment of review rules,in order to achieve the dual objectives of promoting the prosperity and development of digital trade and safeguarding national basic security interests under the framework of RCEP. |
