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... major issues from articles in an FTA e-commerce chapter are to be classified in Table 1. There are three major sections, including 'Business and Trade Facilitation (I)', 'Business and Consumer Trust', and 'Business and Trade Facilitation (II)'. ...Context 2
... section deals with sensitive issues and outcome rankings. For the first section of issues, there are two sensitive issues, including 1-2 (Nondiscrimination) and 1-4 (Paperless Trading), when attempting to agree to provisions with obligation (Table 10). In the process of voting during any negotiation, sensitive issues arise when possible negotiation outcome pushes participating countries' top preferences from "0" to "1", which forces them to agree to accept binding provisions. ...Context 3
... the th i rd sect ion of issues, there is only one sensitive issue, 3-3 (Source code), as shown in Table 11. For 3-3 (Source code), China is par ticularly ver y sensitive to agreeing to provisions with obligation since China has more strict data regulation, which limits the free flow of data within its territory (Lee, 2019). ...Citations
... 14.6: Arbitration Annex 14-C -Arbitration mechanism Source: Author's analysis Institutional Arrangements and Dispute Settlement Mechanism in Major Digital Trade Agreements 285 a member of a DTA, Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the Indo-Pacific Economic Framework (or IPEF). (Ko, 2020 andKo, 2022) As Singapore enjoys the status of a regional leader or initiator in terms of establishing digital trade rules, it also enjoys its experience in agreeing and dealing with IA and DSM-related regulations. For example, earlier DTAs of Singapore only included simple provisions on IAs such as contact point, but as it has signed more DTAs, Singapore agreed to contain more advanced form of IA provisions including stakeholder engagement as well as a joint committee, working group. ...
... (Lee et al, 2021) When negotiating a digital trade agreement, it is necessary for the government to engage in the negotiation with a clearer position on behalf of Korean digital companies. (Ko, 2022) In this case, provisions on IAs and DSM can work as important policy tools that can reflect industry difficulties or concerns. Institutionally, those provisions can work as a good channel through inter-governmental dialogue. ...
This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in intergovernmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.
