International Economic Law in the Era of Datafication by Shin-yi Peng

Extract

Prof Peng’s monograph International Economic Law in the Era of Datafication presents a highly thoughtful and clever examination of the interplay between datafication/platformization of human lives and international economic law.¹ Recent years have seen international economic law scholars pay closer attention to digital trade. Furthermore, policymakers are becoming aware that segregating digital regulation from international trade law is increasingly impractical. This attention is neither surprising nor unwarranted, given how data-driven technologies have transformed trade in the global economy. Against this highly complex policy background and increased scholarly attention in the field, Peng’s monograph stands out as a striking and fine contribution.

As Peng points out at the outset, unlike other social sciences, most international economic law scholars have been somewhat constrained in critically examining how international economic law should respond to the deep socio-economic, cultural, and political challenges arising from the increased datafication and platformization of the digital economy.² In particular, there is a lack of clear understanding of whether international economic law has any role in perpetuating data capitalism and datafication practices and if any ensuing damages can be mitigated through reflective thinking and meaningful regulatory and policy endeavours. This question is neither easy nor straightforward. However, Peng takes on this challenge by engaging in an informed and lucid investigation regarding balancing trade and non-trade interests in a digital world.