PANEL SESSIONS III TUESDAY JUNE 26 2018 11.00 AM – 12.30 PM

Room: CYTT 3.23

  • PUBLIC LAW AND THE DIGITAL ERA II: TRADE AND DATA FLOWS BETWEEN EU, JAPAN, AND CHINA
    Digitalization is the megatrend of the early 21st century. Historically, much of digital innovation has originated in clusters around major US universities, most notably in Silicon Valley. Consequently, US internet law and policy had outsized influence and global impact. Yet, in current changing times, the emerging ‘digital law‘ will likely look more amorphous. This second panel on public law in the digital era addresses a set of questions around big data, data flows, trade secrets as well as trade partnerships in the context of digitalization in and between the EU, Japan and China. The panel will be structured as an open conversation and will leave plenty of time for engagement with the audience.
  • Re-constituting Global Cyber-Law
    At least since the early 1990s there has been a spirited ‘cyberlaw‘ debate, which led to important insights about governance, regulation, and law in the digital era. But existing cyberlaw scholarship neglects, somewhat curiously, the Internet‘s inherently global aspiration and the corresponding need to develop legal mechanisms to keep key institutions of global internet governance in check. To prevent regulatory fragmentation, we need to re-constitute global cyberlaw as complements to national regulation and (rare) transnational arrangements.
  • Governance of Data and Data Flows in Trade Agreements
    The US has developed an evolutionary regulatory design for digital trade via its free trade agreements, with the (later abandoned) Trans-Pacific Partnership (TPP) Agreement as the most advanced model. This approach contrasts with the digital trade strategies of the EU and China which remain outside the remit of the TPP. What are the prospects for China and the EU to pursue a digital trade agenda without the US?
  • China‘s Approach to Internet Sovereignty: Maintaining cybersovereignty?
    China has long promoted “cybersovereingty“ as an alternative cornerstone to internet law and regulation and is currently engaged in a sweeping new regulatory agenda, ostensibly focused on cybersecurity, but affecting every bit of the digital economy. The presentation analyses China‘s approach to internet sovereignty in light of recent trends and possible tensions between regulatory approaches and trade flows. It maintains that China will focus on cybersovereignty as main priority.
  • Internet Courts: Mapping a new development of Online Dispute Resolution mechanisms in China
    This paper examines the online dispute resolution (ODR) mechanisms in China, with a particular focus on a new development: Internet courts. The paper questions the trend towards greater state intervention on ODR mechanisms, especially in the matter of regulation. China has applied a co-regulation approach toward the governance of solving online disputes, instead of allowing the use of self-regulation among e-commerce industry. A general overview of ODR mechanisms in China will be provided in the context of the recent establishment of an Internet court in China. This has implications on the development of exponential digital innovation in the Chinese judicial system.