Trade 2.0 (Legal Issues for Internet Commerce)

October 19, 2007
Anupam Chander, Law School, University of California, Davis

Where the last century saw the dismantling of barriers to trade in goods, the new century will see the dismantling of barriers to trade in services. Once theorized as nontradable, services now join goods in the global marketplace because of advances in telecommunications technologies. This is the rapidly growing phenomenon of net-work-information services delivered remotely through electronic communications systems. Net-work encompasses not just the services outsourced to Accra, Bangalore or Manila, but also the online services supplied by Silicon Valley to the world. Apple, eBay, and Yahoo too are exporters of information services, revealing the Internet to be a global trading platform. Half of Google's earnings is now generated overseas. But trade law has lagged behind, lacking any theory for Trade 2.0. The WTO and regional arrangements such as the EU, CAFTA, and ASEAN all commit nations to liberalize barriers to trade in services, but these broad mandates have found little elaboration to date. This talk begins to develop a theory of trade for cyberspace.

Anupam Chander is Professor of Law at the University of California, Davis. His research focuses on the regulation of globalization and digitization. A graduate of Harvard College and Yale Law School, he clerked for Chief Judge Jon O. Newman of the Second Circuit Court of Appeals and Judge William A. Norris of the Ninth Circuit Court of Appeals. He practiced law in New York and Hong Kong with Cleary, Gottlieb, Steen & Hamilton, representing foreign sovereigns in international financial transactions. He has been a visiting professor at Stanford Law school and Cornell Law School. He began teaching at Arizona State University in 1999, before joining the UC Davis faculty in 2000.