Drafting e-commerce regulations for a sustainable economic recovery: Lesson from DEPA analysis

ABSTRACT

The current international pandemic situation caused by the COVID-19 outbreak has disrupted economic activity and development worldwide. However, digital enabled activities have proven a relative stronger resilience, and, worldwide, most economic sectors have shifted to digital platforms to continue operating. In this context, the drafting of digital economy regulations has become a relevant policy issue for governments across the Asia Pacific region. Nevertheless, the absence of multilateral regulations in this area has become an obstacle for achieving common regulatory frameworks to deal with digital economy issues, for which regional and bilateral agreements have begun to draft regulations. The proliferation of digital economy provisions in preferential agreements may lead to the so called "spaghetti bowl”. From here, the objective of this paper is to contribute to the governance of digital economy among APEC economies, through the characterization of free trade agreements signed between APEC and Latin American economies. This selection was made due to the diversity of agreements that can be found within this subregion. In this context, the Digital Economy Partnership Agreement (DEPA), led by Chile, New Zealand, and Singapore has become a reference point that could serve as a steppingstone towards common regulatory frameworks in this matter. The paper concludes that DEPA may be used as a benchmark for the development of regulations that will help boost cross border e-commerce in APEC economies for a post pandemic sustainable recovery. © 2022, University of Passo Fundo. All rights reserved.