Legislation
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Navigating the Intersection of International Trade Law and Global Data Governance: Challenges and Strategies
In an era where data has become the backbone of economic growth and innovation, the intersection of international trade law and global data governance presents both opportunities and challenges. The growing digital economy relies heavily on cross-border data flows, yet regulatory frameworks vary significantly across jurisdictions. As countries implement data protection, cybersecurity, and competition laws,… Read more
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Australia’s ambition to become a leading digital economy by 2030 requires comprehensive modernization of its trade and finance systems. The shift to a digital economy will involve leveraging emerging technologies, aligning with global standards, and implementing key legal frameworks. This article explores how Australia can achieve this vision, emphasizing legal reforms, technological innovations, and the… Read more
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Historic Milestone in Africa’s Digital Trade: AfCFTA Finalizes Legal Framework
On 16 February 2025, the African Union (AU) marked a historic milestone in the continent’s digital economy. Exactly one year after adopting the Protocol on Digital Trade, the Assembly of the Heads of State and Government of the AU formally adopted eight (8) Annexes to the Protocol, completing the comprehensive legal architecture of the African… Read more
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A Path to Paperless Trade: Analysing the Legal Gaps and Economic Benefit of Adopting or Maintaining a Legal Framework that Takes into Account the MLETR
APEC has an opportunity to realise the significant benefits arising from paperless trade in the region. APEC wide adoption of the UNCITRAL Model Law on Electronic Transferable Records (MLETR), or equivalent arrangements, can help to achieve this. The benefits of moving along this path to paperless trade are significant – estimated to be as high… Read more
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Study on Convergences and Divergences of Free Trade Agreements in the APEC Region
This report has been prepared pursuant to the project “Study on Convergences and Divergences of Free Trade Agreements in the APEC region”, which consists of conducting a study to compare the content of the following Regional Trade Agreements/Free Trade Agreements (RTA/FTAs): The objective of the study is to discuss areas of convergence and divergence across… Read more
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The 2024 APEC Economic Leaders’ Meeting concluded in Lima, Peru, with the issuance of the Machu Picchu Declaration, underscoring the commitment of the 21 member economies to foster inclusive and sustainable economic growth in the Asia-Pacific region. Key Highlights of the Declaration: The Machu Picchu Declaration reflects APEC’s ongoing efforts to address regional challenges and… Read more
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Digital technologies have affected international trade relations and what is traded across borders, giving rise to digital trade. Digital trade has become an important part of international trade discussions, requiring specific policies and measures at different regulatory levels. Together these are referred to as digital trade governance. Good digital trade governance aims to enable cross-border… Read more
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The global economy has experienced a rapid growth in digitally facilitated and delivered trade in goods and services. The Government has adopted a “consciously broad” definition of digital trade to reflect this trend. While we understand that trade is increasingly digital, such breadth may be an obstacle to identifying areas for improvement. We suggest that… Read more
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Understanding the EU’s PSD3 Directive and PSR Regulation: Key Changes and Implications
The European Commission has introduced two significant legislative proposals: the third Payment Services Directive (PSD3) and the Payment Services Regulation (PSR). These initiatives aim to enhance the European payments market by building upon the foundations of PSD2, striving for greater harmonization and reducing national discrepancies. Objectives of PSD3 and PSR The primary goals of PSD3… Read more
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The clearance of goods to enter a market is often considered a balance between facilitating and controlling. The latter is checking that the goods are compliant with all relevant rules and regulations, corresponding to legitimate regulatory objectives. This may include consumer health and safety, safeguarding the environment, compliance with social norms or aiming to achieve… Read more
