Virtual Knowledge Sharing (II) UNCITRAL Texts and International Trade in the Digital Era”, co-organized by UNCITRAL RCAP, the Electronic Transactions Development Agency (ETDA) of Thailand, and Bolliger & Company (Thailand) Ltd., was held on 2 June 2021 from 1.30 – 4.45 pm Bangkok time (UTC+7) via Zoom.
The event was a virtual knowledge-sharing platform to provide an overall understanding of enabling legal frameworks for digital trade for Thai government agencies, other domestic stakeholders, and regional participants. More than 150 participants from 20 Asian countries (like Nepal, Philippines, Thailand, Bangladesh) joined the event and raised many questions.
The event invited 10 experts to reviewed the electronic transactions law, policies, and practices at international level, including UNCITRAL e-commerce texts such as the ECC and MLETR. The analysis of information from this activity would provide a solid basis for the developing countries to prepare for the on-going international negotiation on digital economy at various international arenas, such as WTO and UNCITRAL.
Prof. Xue gave a keynote speech on legal facilitation of cross-border e-commerce through the Free Trade Agreements (FTAs). Prof. Xue explained the e-commerce chapters/provisions in the FTAs and dedicated Digital Economy Partnership Agreements (DEPAs) and summarized the four legal clusters to facilitate cross-border e-commerce. Particularly, not only trade of digital goods but the sales of goods in e-commerce involves transferring trade-related data across border. Although there are established legal frameworks on international trade law and paperless trade, lack of worldwide-recognized international laws on cross-border transition prevents the sustainable developments of international digital trade. Three different models have emerged from the respective FTAs (CPTPP, EU Partnership Agreements and RCEP). The minimalist approach that allows the MSes to exercise the indisputable rights on data flow and localization requirement regarding the essential security interests is entirely different from the enabling model that clearly prohibits such requirements. Although both models try to prevent unnecessary burden on e-commerce, the newly established indisputable right obviously goes beyond the traditional scope of legitimate policy objectives. Prof. Xue concludes that the WTO Joint Statement Initiative on digital economy and e-commerce is facing to the frictions of different models and challenges of inclusion of developing countries and LDCs.
Virtual Knowledge Sharing (II) UNCITRAL Texts
and International Trade in the Digital Era
Wednesday, 2 June 2021
8.30 am – 12.30 pm Vienna time/1.30 – 5.30 pm Bangkok time/
3.30 – 7.30 pm Seoul time
Dr. Luca Castellani, legal officer in the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL) lectured on the Relevance of the Work of UNCITRAL for the Law of Digital Economy with a Focus on China for the BNU Law School students, particularly for the LLM in Chinese Law and other postgraduate students, and other legal professionals such as the CIETAC arbitrators.
Expert Lecturer
Dr. Castellani, after graduating in law in the University of Torino, received a doctoral degree in comparative law from the University of Trieste and a master in international law from New York University. Dr. Castellani joined the Office of Legal Affairs of the secretariat of the United Nations in 2001 and the UNCITRAL secretariat in 2004, working in the areas of international sales and of electronic commerce. As secretary of UNCITRAL Working Group IV (Electronic Commerce), Dr. Castellani oversaw the preparation of the UNCITRAL Model Law on Electronic Transferable Records and the negotiation of the Provisions on IdM and Trust Services. Dr. Castellani is also active in the field of paperless trade facilitation and has contributed to drafting the Framework Agreement on Facilitation of Cross-border Paperless Trade in Asia and the Pacific. From March 2012 to November 2013 Dr. Castellani was assigned as first Head of the UNCITRAL Regional Centre for Asia and the Pacific, located in Incheon, Republic of Korea. Dr. Castellani has published several articles and other materials on international trade law and comparative law, namely sale of goods, e-commerce and trade law reform in developing countries.