Reinterpreting WTO Rules in the Algorithmic Age: AI, Digital Platforms, and the Future of Trade Law
DOI:
https://doi.org/10.59075/rj4wy963Keywords:
cross-border data flows, digital sovereignty, algorithmic governance, trade liberalization, dispute settlement, intellectual property rights, platform monopolies, market access, regulatory autonomyAbstract
The rise of artificial intelligence AI and digital platforms has transformed the structure of international trade, challenging the adequacy of existing World Trade Organization WTO rules. Agreements such as GATT, GATS, and TRIPS were negotiated in an analogy era and do not fully address issues of data flows, algorithmic decision-making, or the dominance of platform-based business models. This research investigates how WTO law can be reinterpreted in the algorithmic age to ensure relevance and effectiveness. Using a doctrinal legal methodology, the study analyses WTO agreements alongside emerging digital trade practices and comparative insights from regional trade frameworks. The findings suggest that reinterpretation of WTO provisions on goods, services, and intellectual property can partially accommodate algorithmic trade, but systemic gaps remain in areas such as data governance, algorithmic transparency, and regulation of digital monopolies. The study argues for a future-oriented WTO framework that balances trade liberalization with digital sovereignty, ensuring that global trade law evolves in step with technological innovation. The rapid diffusion of AI and the rise of digital platforms have transformed the nature of international trade, challenging the relevance and applicability of existing WTO rules. While the WTO legal framework was designed to regulate goods, services, and intellectual property in a traditional market economy, digital trade now defies neat categorizations. Algorithms determine pricing, AI-driven platforms facilitate cross-border commerce, and data flows have emerged as critical drivers of economic growth. This article examines the challenges posed by the algorithmic economy for WTO law, explores potential reinterpretations of existing rules, and considers pathways for reform that balance trade liberalization, digital sovereignty, and ethical governance.
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