Google’s China problem: A case study on trade, technology and Human Rights under the GATS

Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theor...

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Main Author: GAO, Henry S.
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2011
Subjects:
WTO
MFN
Online Access:https://ink.library.smu.edu.sg/sol_research/2190
https://ink.library.smu.edu.sg/context/sol_research/article/4142/viewcontent/SSRN_id1976611.pdf
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Institution: Singapore Management University
Language: English
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spelling sg-smu-ink.sol_research-41422017-08-11T03:00:05Z Google’s China problem: A case study on trade, technology and Human Rights under the GATS GAO, Henry S. Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has made commitments in each of the identified sector, as well as any limitation or restrictions that has been inscribed for such commitments. Next, the article reviews whether the Chinese internet filtering regime is in violation of these commitments and other relevant GATS obligations. In the 4th part, the article considers any exceptions that China might be able to invoke in the case of a breach. The tentative conclusion of the article is that, overall, Google does not have a strong case against China under WTO law. 2011-12-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2190 https://ink.library.smu.edu.sg/context/sol_research/article/4142/viewcontent/SSRN_id1976611.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University WTO GATS Internet human rights censorship national treatment MFN domestic regulation general exceptions public morals public order services classification telecommunication services computer services Human Rights Law Internet Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic WTO
GATS
Internet
human rights
censorship
national treatment
MFN
domestic regulation
general exceptions
public morals
public order
services classification
telecommunication services
computer services
Human Rights Law
Internet Law
spellingShingle WTO
GATS
Internet
human rights
censorship
national treatment
MFN
domestic regulation
general exceptions
public morals
public order
services classification
telecommunication services
computer services
Human Rights Law
Internet Law
GAO, Henry S.
Google’s China problem: A case study on trade, technology and Human Rights under the GATS
description Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has made commitments in each of the identified sector, as well as any limitation or restrictions that has been inscribed for such commitments. Next, the article reviews whether the Chinese internet filtering regime is in violation of these commitments and other relevant GATS obligations. In the 4th part, the article considers any exceptions that China might be able to invoke in the case of a breach. The tentative conclusion of the article is that, overall, Google does not have a strong case against China under WTO law.
format text
author GAO, Henry S.
author_facet GAO, Henry S.
author_sort GAO, Henry S.
title Google’s China problem: A case study on trade, technology and Human Rights under the GATS
title_short Google’s China problem: A case study on trade, technology and Human Rights under the GATS
title_full Google’s China problem: A case study on trade, technology and Human Rights under the GATS
title_fullStr Google’s China problem: A case study on trade, technology and Human Rights under the GATS
title_full_unstemmed Google’s China problem: A case study on trade, technology and Human Rights under the GATS
title_sort google’s china problem: a case study on trade, technology and human rights under the gats
publisher Institutional Knowledge at Singapore Management University
publishDate 2011
url https://ink.library.smu.edu.sg/sol_research/2190
https://ink.library.smu.edu.sg/context/sol_research/article/4142/viewcontent/SSRN_id1976611.pdf
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