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7 - International Trade Law and Cybersecurity

Balancing Free Markets and Regulation

Published online by Cambridge University Press:  09 November 2023

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
Yarik Kryvoi
Affiliation:
British Institute of International and Comparative Law
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Summary

The chapter analyses how trade agreements balance liberalisation of digital trade with cybersecurity concerns. The chapter identifies the strengths, weaknesses, and ambiguities facing digital trade regulation in these agreements. As a way to address the tension between international trade law and cybersecurity, it examines security exception clauses in different trade agreements. It also analyses the efforts found in recent regional trade agreements to direct state parties to have regard to international standards concerning cybersecurity issues. It concludes that harmonisation of such standards would suggest the possibility of a greater coherence in cybersecurity governance.

Type
Chapter
Information
Public and Private Governance of Cybersecurity
Challenges and Potential
, pp. 161 - 184
Publisher: Cambridge University Press
Print publication year: 2023

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