The Construction of a System of Digital Trade Rules from the Perspective of International Law: Study on Soft Law Practices Based on the WTO Joint Statement Initiative on e-Commerce

Xinran Xie

2025

Abstract

Soft law, characterized by its flexibility, non-binding nature, and form adaptability, has emerged as a pivotal instrument for reconciling divergent national interests in digital trade governance. The World Trade Organization's (WTO) Joint Statement Initiative on Electronic Commerce exemplifies institutionalized soft law practice, yet critical provisions remain con-tested due to persistent disagreements among member states. This study examines the viability and limitations of soft law in structuring multilateral digital trade rules, proposing a theoretical pathway to overcome governance impasses. The analysis proceeds in three stages， first, a conceptual delineation of soft law within digital trade contexts, clarifying its definitional boundaries and functional attributes; second, an evaluation of soft law's regulatory efficacy through risk-benefit analysis, emphasizing its dual capacity to foster trade liberalization while preserving regulatory sovereignty; third, a normative argument for optimizing soft law's institutional potential through innovative governance mechanisms, drawing practical insights from WTO negotiations.

Paper Citation

in Harvard Style

Xie X. (2025). The Construction of a System of Digital Trade Rules from the Perspective of International Law: Study on Soft Law Practices Based on the WTO Joint Statement Initiative on e-Commerce. In Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS; ISBN 978-989-758-785-6, SciTePress, pages 407-412. DOI: 10.5220/0014382100004859

in Bibtex Style

@conference{icplss25,
author={Xinran Xie},
title={The Construction of a System of Digital Trade Rules from the Perspective of International Law: Study on Soft Law Practices Based on the WTO Joint Statement Initiative on e-Commerce},
booktitle={Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS},
year={2025},
pages={407-412},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0014382100004859},
isbn={978-989-758-785-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS
TI - The Construction of a System of Digital Trade Rules from the Perspective of International Law: Study on Soft Law Practices Based on the WTO Joint Statement Initiative on e-Commerce
SN - 978-989-758-785-6
AU - Xie X.
PY - 2025
SP - 407
EP - 412
DO - 10.5220/0014382100004859
PB - SciTePress