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Norm entrepreneurship in digital trade: the Singapore-led wave of digital trade agreements

Abstract:
Rulemaking in digital trade is proceeding apace. Many preferential trade agreements contain dedicated e-commerce or digital trade chapters and some states have entered into stand-alone digital economy agreements. This article seeks to establish whether, and to what extent, normative change is occurring in digital trade agreements, the nature of any changes, and identify which states are acting as norm entrepreneurs. We employ a new method of legal coding, systematically comparing the nature and prescriptiveness of digital provisions in 12 trade agreements concluded between 2019 and 2023. We find evidence of substantial policy innovation, and identify Singapore as the key norm entrepreneur. A new wave of ‘Singapore-led’ agreements substantially expands the scope of digital trade, to cover areas such as digital identities, e-invoicing and e-payments, the governance of AI, and regulation of new digital technologies. Commitments are typically couched as soft rather than hard law, reflecting the nascent stages of rulemaking. Norm entrepreneurship on the part of Singapore and its allies reflects a desire to position themselves as ‘digital hubs’ in the global economy, spur rulemaking in areas where innovation is ahead of regulation, and promote digital interconnectivity at time of regulatory divergence and geopolitical rivalry.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1017/S1474745624000089

Authors

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Institution:
University of Oxford
Division:
SSD
Department:
Blavatnik School of Government
Role:
Author
More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author


Publisher:
Cambridge University Press
Journal:
World Trade Review More from this journal
Volume:
23
Issue:
2
Pages:
208-241
Publication date:
2024-03-20
Acceptance date:
2024-01-22
DOI:
EISSN:
1475-3138
ISSN:
1474-7456


Language:
English
Keywords:
Pubs id:
1987232
Local pid:
pubs:1987232
Deposit date:
2024-04-02
ARK identifier:

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