WTO Reform: Codifying Technological Neutrality

This article argues that the ambiguous legal status of the principle of technological neutrality (PTN) within the WTO framework generates regulatory fragmentation and uncertainty in digital trade governance. While implicitly embedded in agreements like TBT and Trade-Related Aspects of Intellectual Property Rights (TRIPS), PTN faces divergent interpretations under General Agreement on Trade in Services (GATS), with developing Members resisting expansive judicial readings that risk retroactively expanding commitments. The absence of formal codification enables inconsistent adjudicatory application, threatening policy space and legitimacy. To bridge gaps, the WTO must institutionalize PTN through proactive legislative reform such as an E-commerce Agreement featuring tiered commitments, tailored exceptions, and safeguards for cybersecurity and development asymmetries. A dual-track model is proposed to balance innovation with equitable integration, realigning digital trade liberalization with sustainable development goals. The analysis underscores the urgency of transforming PTN from a latent norm into a foundational pillar of coherent, adaptable international trade law.