A Study on China's Digital Trade Dispute Settlement Mechanism in the Perspective of CPTPP

Abstract

In the rapid development of digital trade, the digital trade dispute settlement mechanism also needs to be updated and adapted accordingly, thus promoting China's discursive and equal participation in world digital trade. The volume of digital trade in China is growing rapidly, yet the corresponding digital trade dispute settlement mechanism has not yet formed a sound system. This contradiction has become an urgent problem to be improved and solved in the field of digital trade in China. By comparing the digital trade dispute settlement provisions between China's FTA and CPTPP, this paper analyzes the deficiencies of China's relevant provisions in terms of openness, procedure, and efficiency. Most of these deficiencies originate from the lagging nature of China's digital trade provisions and the imperfection of procedures. Based on this, this paper provides suggestions respectively on the problems above. This includes making special provisions for dispute settlement in the field of digital trade, improving the provisions on suspension of concessions, and establishing rules ensuring transparency. Specifically, this put a high bar on the selection of panelists, the public enclosure of hearings and documents, and the application of the Third-Party participation principle.