international economic law; digital trade; governance design; World Trade Organization; diffusion; free trade agreements
BurriMira (2019), Understanding the Implications of Big Data and Big Data Analytics for Competition Law: An Attempt for a Primer, in Tor Avishalom, Mathis Klaus (ed.), Springer International Publishing, Switzerland, 241-263.
Elsig ManfredKlotz Sebastian (2018), Data flow-related provisions in preferential trade agreements, in WTI Working Paper
, 2018(3), 1-18.
Burri Mira (2017), Current and Emerging Trends in Disruptive Technologies: Implications for the Present and Future of EU's Trade Policy
, European Parliament, Brussels.
Burri Mira (2017), New Legal Design for Digital Commerce in Free Trade Agreements, in Digiworld Economic Journal
, 107(03), 1-21.
Burri Mira (2017), The Governance of Data and Data Flows in Trade Agreements: The Pitfalls of Legal Adaptation, in UC Davies Law Review
, 51, 65-132.
Burri Mira (2017), The Regulation of Data Flows in Trade Agreements, in Georgetown Journal of International Law
, 48(01), 408-448.
Burri Mira (2017), The Regulatory Framework for Digital Trade in the Trans-Pacific Partnership Agreement, in Roffe Pedro, Seuba Xavier (ed.), CEIPI-ICTS, Geneva/Strasbourg, (04), 65-88.
Burri Mira, Understanding and Shaping Trade Rules for the Digital Era, in Francois J, Hahn Michael, Elsig Manfred, Spilker G (ed.), Cambridge University Press, Cambridge.
The regulation of Big Data cannot be neatly contained in one policy domain but is affected by multiple, often non-hierarchically organized, regimes of both soft and hard law nature, in both national and international contexts. One area of law and policy, which has so far been only marginally explored is the governance of Big Data in trade agreements. The project aims at filling this gap. It will provide a comprehensive analysis of the existing rules in the law of the World Trade Organization and of the web of bilateral and regional free trade agreements that affect on the one hand the use of Big Data, as well as the regulatory space available to states to set and modify regulatory frameworks for Big Data. The project will identify the emerging design patterns and their diffusion globally, highlighting the differences in regulatory approaches - for instance, between the United States and the European Union, and how they matter for data flows. It will analyse the actual implementation of the norms domestically and can so identify the real impact of these agreements. Understanding the implications of the emergent body of rules on Big Data in trade agreements is critical, especially as the state struggles to strike a balance between the competing goals of innovation and free trade versus protection of key public interests, such as privacy. Ultimately, the project will seek to deliver actionable outcomes and formulate specific forward-looking policy recommendations on appropriate design for Big Data matters in trade agreements - in particular for Switzerland, which has so far not developed a discrete strategy for digital issues in foreign trade affairs.