디지털통상규범의 발전과 WTO 전자상거래 협상의 의미

This study aims to analyze the significance of ongoing e-commerce negotiations within the World Trade Organization (WTO) in the field of digital trade. To achieve this purpose, the study examines the formal aspects of WTO e-commerce negotiations in Chapter 2. Additionally, in Chapter 3, it reviews the substantive aspects observed during the WTO e-commerce negotiation process. The conclusion then presents the limitations and implications of these WTO negotiations. However, it is important to note that this study is constrained by the fact that the text or outcomes of the WTO e-commerce negotiations have not been publicly disclosed, relying instead on leaked information. Furthermore, this study focuses on analyzing the “nature” itself of the negotiation process rather than the specific outcomes of WTO negotiations. Through this analysis, the study evaluates that, while WTO e-commerce negotiations are somewhat limited in scope and contents, they still yield meaningful results. Particularly noteworthy is the plurilateral trade agreement (PTA) approach pursued by the WTO in digital trade agreements. This approach demonstrates the potential for expanding a legal community and provides an appropriate formal framework for negotiating countries with shared understanding. Moreover, the negotiation process itself can serve as a platform for shaping new digital trade agreement. On the substantive side, the WTO e-commerce negotiations highlight the contrasting positions of countries in the current digital trade landscape. Although reaching immediate and clear conclusions based on these divergent national stances is challenging, the negotiations could contribute to establishing “soft law” in areas that remain insufficiently discussed. However, given the inherent limitations, achieving swift conclusions in WTO e-commerce negotiations remains difficult. Consequently, the study proposes methods to address the challenges and facilitate successful negotiation outcomes.