Mainstreaming Development in International Digital Trade Lawmaking

A fundamental rethinking of the current global trade architecture is critical to support those who have historically been left behind by globalization – developing and least developed countries (LDCs), small businesses, women and indigenous communities. The rise of digital trade holds the potential to enable developmental leapfrogging and to serve as a transformative tool for addressing existing economic inequalities. However, as international digital trade lawmaking continues to advance primarily through bilateral, regional and plurilateral platforms, the digital divide is only deepening at an alarming pace. This article seeks to revisit international digital trade lawmaking from a development lens and to propose several forward-looking ideas on placing development at the heart of future multilateral digital trade lawmaking. It begins by briefly examining the concept and historical trajectory of the development agenda within the post-World War II international trade law framework. It then provides a comprehensive examination of how and to what extent development priorities are reflected in existing digital trade agreements. By identifying critical shortcomings in the existing international digital trade law regime, this article offers reform proposals and forward-looking strategies to mainstream development into future international digital trade rulemaking, especially within the auspices of the World Trade Organization (WTO).