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Digital DNADisruption and the Challenges for Global Governance$
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Peter F. Cowhey and Jonathan D. Aronson

Print publication date: 2017

Print ISBN-13: 9780190657932

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/acprof:oso/9780190657932.001.0001

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Creating an International Governance Regime for the Digital Economy

Creating an International Governance Regime for the Digital Economy

(p.233) 9 Creating an International Governance Regime for the Digital Economy
Digital DNA

Peter F. Cowhey

Jonathan D. Aronson

Oxford University Press

The concluding chapter lays out a strategy for creating an international governance regime for the digital economy. It identifies a core “club” of nations that could champion new digital trade agreements linked to stronger international agreements to advance a trusted digital environment—the Digital Economy Agreement. This agreement would revamp trade policy to adjust to the impact of the information and production disruption by improving rules for digital market integration and would create a foundation that simplifies and strengthens the ability to forge significant pacts advancing the goals of improving privacy and cybersecurity while safeguarding against protectionist trade risks. The design of these agreements emphasizes binding “soft rules” that allow significant variations in national policy trade-offs while establishing a minimum common baseline of policy through the soft rules. Expert multistakeholder organizations drawn from civil society loom large in the design for implementation of the soft rules through such avenues as mutual recognition schemes for certifying compliance with privacy and security objectives. If trade agreements prove unworkable as a starting point, such agreements could be anchored to other types of binding policy agreements. However, trade is the first best option for consideration before there is any decision to resort to second-best strategies.

Keywords:   “governance regime”, governance, MSO, DEA, “digital economy agenda”, trade, TPP, TTIP, TiSA, WTO, market access, commitments, ITA—“Information Technology Agreements”, interoperability, trusted digital environment, transparency, liberalization, baseline

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