International Journal of Communications Law & Policy

A CALL FOR A WTO E-COMMERCE INITIATIVE
By Heinz Hauser and Sacha Wunsch

Download the Paper in PDF Format: IJCLP Web-Doc 1-6-2001

Abstract

This paper argues that an E-Commerce initiative of the WTO is essential to reap the "untapped" potential of online trade. For the time being, the expectations about the E-Commerce potential have not materialized. The first part of this paper identifies the main barriers to online trade: suboptimal access to the necessary IT-infrastructure, expensive access to telecommunication services and insufficient trade liberalization with respect to cross-border electronic services trade. Obviously, the World Trade Organization (WTO) has a major role to play in the removal of these barriers to trade.

In the second part, current WTO activities in the field of E-Commerce and the E-Commerce relevance of existing WTO-treaties are examined. Both the E-Commerce work program of the WTO and the existing WTO-treaties can significantly be improved. Despite the fact that electronic trade has been cherished by politicians and businessmen, the necessary modifications concerning the international trade law have not been implemented. Actions that relate to the categorization of digital goods, the improved trade openness in E-Commerce relevant sectors, the fair access to bottleneck facilities in network-based industries and the non-discriminatory nature of domestic regulations are called for.

Consequently, the third part develops a pragmatic and realistic scenario for further WTO trade negotiations. A WTO E-Commerce initiative that is not connected to an official trade round , in analogy to the negotiations which led to the Information Technology Agreement, may be most promising. Finally, a WTO E-Commerce initiative should bundle the E-Commerce relevant sectors and topics so as to guarantee a satisfactory negotiation outcome.

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