China and WTO e-commerce negotiations

• Main Author: GAO, Henry S.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2023
• Subjects: Asian Studies; International Law; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4303; https://search.library.smu.edu.sg/permalink/65SMU_INST/9f22kc/alma99659865602601
• Institution: Singapore Management University

Electronic commerce (e-commerce) is not a new topic in the WTO, as WTO Members has been discussing the issue since 1998, shortly after the establishment of the organization. Due to the paralysis of the Doha Round in general, not much progress has been made on that front for the past 25 years. With the launch of the Joint Statement Initiative negotiations by 76 WTO Members on 25 January 2019, however, e-commerce has gotten a new lease of life. One of the most important participants is China, which initially resisted the e-commerce initiative but later emerged as one of the most active Members. This chapter provides a comprehensive review of China's participation in the WTO e-commerce negotiations in four parts. The first section reviews the development of the internet and e-commerce in China, as well as China's experiences on e-commerce issues in WTO and beyond, especially in free trade agreements. The second section discusses the history of the e-commerce negotiations in the WTO, from the 1998 e-commerce Declaration and the Doha Declaration, to the Joint Statement in 2017 and the launch of the plurilateral Joint Statement Initiative ('JSI') negotiations in 2019, with China joining at the last minute. The third section analyses in detail China's three submissions in the negotiations, as well as the most problematic issues for China. The chapter will conclude with reflections on how the negotiations will unfold, especially how the main sticking points in China's internet and data regulatory regime could be addressed.