Increased discussions at the WTO on E-commerce demonstrate a strong interest amongst many WTO Members to introduce new rules to regulate digital trade. However, these discussions have primarily been exploratory; substantive discussions under a formal mechanism have not yet been initiated. Moreover, several legal and political challenges present themselves as potential obstacles to the on-going discussion. Given these circumstances, this article argues that a ‘ critical mass ’ based-plurilateral agreement approach amongst ‘ like-minded ’ WTO Members, with extension of benefits on Most Favoured Nation basis, can result in the establishment of global E-commerce rules.
Global Trade and Customs Journal