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The Trade: (Cyber)Security Dilemma and Its Impact on Global Cybersecurity Governance

Governments are adopting various measures to address cybersecurity-related concerns. Some of these measures restrict cross-border flows of digital services/data, and thus inconsistent with obligations in trade agreements such as General Agreement on Trade in Services (‘GATS’). However, certain governments might argue that such measures are justified under the GATS security exception (Art. XIVbis) as they …

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Privacy, Cybersecurity, and GATS Article XIV: A New Frontier for Trade and Internet Regulation?

Measures restricting data flows outside one’s borders, including mandatory data/server localization measures, are not only a barrier to trade, but also largely ineffective in achieving better internet security or trust. Nevertheless, governments deploy such measures, primarily on grounds of cybersecurity and privacy, potentially violating their obligations under the General Agreement on Trade in Services (GATS). …

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The Future of Digital Trade Rules

In this submission to DFAT’s Future of Digital Trade Rules consultation, the authors provide their views on three areas of digital trade relevant to international trade agreements: data-related trade barriers, cybersecurity and national security concerns, and digital development and inclusion.

Reflections on the Past, Present, and Future of IUU Fishing under International Law

The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing …

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A Collective ASEAN Response to COVID-19

Tan Hsien-Li reviews the collective ASEAN response to COVID-19 in light of the ASEAN Summit discussions in June 2020, including the longer term measures the grouping intends to take to tackle the economic difficulties.

Unilateral Trade Measures and the Importance of Defining IUU Fishing

Existing scholarship addresses difficulties with international law’s ‘definition’ of IUU fishing but not those arising from unilateral definitions. This article examines the legal consequences of the USA’s IUU definition, including the lessons thereof for all port and market states.