Analysis on the dilemma of ineffective data flow governance under the WTO framework and its solution: from the perspective of evolutionary interpretation

Abstract

The rapid development of the digital economy has made cross-border data flows an important issue in global trade. As the most important international economic organization in today's era, the data flow governance system under the WTO framework faces many difficulties such as missing rules and lack of consensus. The core cause of the current governance dilemma lies in the improper application and absence of treaty interpretation. On the one hand, the traditional interpretation path cannot cover the unique attributes of data flow, which makes the existing rules lag behind in issues such as data attributes, service models and service classification. On the other hand, the generalized use of public moral exception clauses shows the interpretation defects of existing interpretation methods in concepts such as "public morals". Evolutionary interpretation provides an innovative path to alleviate the above dilemma. By rediscovering the connotation of the text and the purpose of the contract, evolutionary interpretation explores the potential of GATS norms on the basis of the existing WTO framework, and provides important theoretical support for the WTO's in-depth participation in data flows.