TY - JOUR
T1 - A new digital economy collaboration in the Indo-Pacific
T2 - negotiating digital trade in the Australia-India CECA
AU - Mitchell, Andrew D.
AU - Mishra, Neha
N1 - Funding Information:
Australia could incentivize India’s participation on electronic commerce issues by committing to technical assistance and capacity building support to MSMEs. Both parties may also take inspiration from the digital inclusion provision in the DEPA which acknowledges the ‘importance of expanding and facilitating digital economy opportunities by removing barriers’ for disadvantaged groups including women, rural populations, under-privileged socio-economic groups and sharing best practices on digital inclusion.182 A dedicated fund could be established under the CECA to fund digital inclusion programmes, with strong financial support from Australia. Alternatively, the parties could sign a memorandum to facilitate digital inclusion initiatives. These programmes would be mutually advantageous and create new opportunities for growth for consumers and businesses in both countries.
Publisher Copyright:
© 2023 Kluwer Law International BV, The Netherlands.
PY - 2023/2
Y1 - 2023/2
N2 - The Australia-India Comprehensive Economic Cooperation Agreement (CECA) presents a significant and unique opportunity for India and Australia to strengthen their digital trade relationship. Although certain areas – including cross-border data flows/data localization, customs duties on electronic transmissions, and non-discrimination of digital products – appear to pose difficulties for the ongoing negotiations, both countries can converge elsewhere. For instance, disciplines on digital trade facilitation, online consumer protection, cybersecurity, spam, artificial intelligence, etc., can create a robust, trustworthy, and efficient framework for bilateral digital trade. Further, disciplines on trade in services can boost digital trade flows between the parties, and address data localization measures in service sectors where countries have offered relevant commitments. Australia can incentivize India’s participation in digital trade negotiations in various ways, including by committing to holistic programmes on digital development and inclusion, liberalizing Mode 4 supply for talented Indian Information Technology (IT) professionals, and instituting a robust mechanism for regulatory dialogues and cooperation. Economic opportunities aside, a high-quality digital trade chapter in the India-Australia negotiations holds strategic and geopolitical importance, especially in countering China’s growing digital influence, and promoting more digital trust and integration in the Indo-Pacific.
AB - The Australia-India Comprehensive Economic Cooperation Agreement (CECA) presents a significant and unique opportunity for India and Australia to strengthen their digital trade relationship. Although certain areas – including cross-border data flows/data localization, customs duties on electronic transmissions, and non-discrimination of digital products – appear to pose difficulties for the ongoing negotiations, both countries can converge elsewhere. For instance, disciplines on digital trade facilitation, online consumer protection, cybersecurity, spam, artificial intelligence, etc., can create a robust, trustworthy, and efficient framework for bilateral digital trade. Further, disciplines on trade in services can boost digital trade flows between the parties, and address data localization measures in service sectors where countries have offered relevant commitments. Australia can incentivize India’s participation in digital trade negotiations in various ways, including by committing to holistic programmes on digital development and inclusion, liberalizing Mode 4 supply for talented Indian Information Technology (IT) professionals, and instituting a robust mechanism for regulatory dialogues and cooperation. Economic opportunities aside, a high-quality digital trade chapter in the India-Australia negotiations holds strategic and geopolitical importance, especially in countering China’s growing digital influence, and promoting more digital trust and integration in the Indo-Pacific.
KW - Australia-India CECA
KW - cross-border data flows
KW - digital integration
KW - digital trade
KW - electronic commerce
KW - trade in services
KW - trade negotiations
UR - http://www.scopus.com/inward/record.url?scp=85144053025&partnerID=8YFLogxK
M3 - Article
AN - SCOPUS:85144053025
SN - 1011-6702
VL - 57
SP - 1
EP - 30
JO - Journal of World Trade
JF - Journal of World Trade
IS - 1
ER -