Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions

This essay addresses the challenges of the digital economy in the context of cybersecurity threats that have growing implications for national security. It analyzes cybersecurity-related exceptions to international trade rules to explore whether and how these exceptions protect the state's digi...

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Main Author: Shin-yi Peng
Format: Article
Language:English
Published: Cambridge University Press 2023-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772323000181/type/journal_article
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author Shin-yi Peng
author_facet Shin-yi Peng
author_sort Shin-yi Peng
collection DOAJ
description This essay addresses the challenges of the digital economy in the context of cybersecurity threats that have growing implications for national security. It analyzes cybersecurity-related exceptions to international trade rules to explore whether and how these exceptions protect the state's digital policy space. The essay argues that the pre-digital era exceptions to trade rules are too narrowly framed to address cybersecurity concerns. This is in contrast to trends in the new generation of international trade agreements that create expansive security exceptions that are designed to reset the balance between international trade and national security. These new approaches must, however, be carefully guarded against potential abuses.
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spelling doaj.art-562cff9738c54122a452894f77f1465a2023-05-08T07:01:39ZengCambridge University PressAJIL Unbound2398-77232023-01-0111712212710.1017/aju.2023.18Digital Economy and National Security: Contextualizing Cybersecurity-Related ExceptionsShin-yi Peng0Distinguished Professor of Law, National Tsing Hua University, Taiwan.This essay addresses the challenges of the digital economy in the context of cybersecurity threats that have growing implications for national security. It analyzes cybersecurity-related exceptions to international trade rules to explore whether and how these exceptions protect the state's digital policy space. The essay argues that the pre-digital era exceptions to trade rules are too narrowly framed to address cybersecurity concerns. This is in contrast to trends in the new generation of international trade agreements that create expansive security exceptions that are designed to reset the balance between international trade and national security. These new approaches must, however, be carefully guarded against potential abuses.https://www.cambridge.org/core/product/identifier/S2398772323000181/type/journal_article
spellingShingle Shin-yi Peng
Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
AJIL Unbound
title Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
title_full Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
title_fullStr Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
title_full_unstemmed Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
title_short Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions
title_sort digital economy and national security contextualizing cybersecurity related exceptions
url https://www.cambridge.org/core/product/identifier/S2398772323000181/type/journal_article
work_keys_str_mv AT shinyipeng digitaleconomyandnationalsecuritycontextualizingcybersecurityrelatedexceptions