Protection of Cross-Border Data Flows Under International Investment Law

• Autores: Sheng Zhang
• Localización: Handbook of International Investment Law and Policy / Julien Chaisse (aut.), Leïla Choukroune (aut.), Sufian Jusoh (aut.), 2021, ISBN 9811336148, págs. 209-231
• Idioma: inglés
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• Resumen

  • Data is the lifeblood of the digital economy, and cross-border data flows have been regulated in recent trade agreements. In international investment agreements. Clear references to cross-border data flows are still rare. Nonetheless, some components of digital operations could qualify as investment and enjoy protection under international investment law. Exception clauses in investment agreements are also helpful for States to maintain the balance between different objectives, including the goals of an open, efficient, and secure Internet. However, the way that international investment law regime is shaped predates the digital economy and is not well suited to the regulation of cross-border data flows. A refined and balanced regime is necessary to meet the challenges of digital transformation. Efforts should also be made to close the digital divide between countries that dominate the digital landscape and smaller and developing countries.