Data localization hurts foreign investment and brings potential economic advantages to domestic corporations relative to foreign corporations. This leads to the argument that data localization violates the national treatment principle in international investment treaties. By applying the ‘three-step’ approach to assess the legality of data localization with respect to the national treatment principle, this article finds that the legality of data localization depends on certain circumstances, including the domestic catalogues of foreign investment, the definition of data localization in domestic legislation, and whether international investment treaties explicitly or implicitly incorporate data protection through exceptions for the protection of the state's essential security interests, public order, or public morals. China's acceleration of its legislation processes to regulate cross-border data transfer has significant implications for the negotiations and modifications of Chinese international investment treaties.

The existing literature shows that transparency and monitoring reduce trade costs, improve regulatory practices and build and sustain trust. In this paper, using 555 specific trade concerns (STCs) raised by the Technical Barriers to Trade (TBT) committee in the period 1995–2018, we develop a novel classification of STCs. We distinguish between STCs aiming to exchange information (transparency STCs) and those aiming to monitor compliance with the TBT agreement (monitoring STCs). We show that: (i) when STCs intend to foster transparency, they are mainly used in relation to notified measures, thus suggesting that they are used to acquire not only new but also higher quality information than that provided merely by notifications; (ii) when STCs intend to challenge the compliance of WTO members with the TBT Agreement, they primarily address draft measures, thus suggesting that they are used to promote accountability and improve good regulatory practices; and (iii) STCs raised at the draft stage are less likely to escalate to a dispute than those raised on adopted measures. Guided by these findings, we suggest the potential for some reforms to improve the efficiency of the system. These include: introducing a reporting system on the outcome of STCs; using STCs raised in committees to fill the gap of missing notifications; systematically using the STC mechanism at the stage of draft measures; and building in the dispute settlement system the requirement to raise the matter and discuss it within the relevant committee before filing a formal dispute settlement case.

During the first wave of globalization, Argentina was among the most internationally integrated economies, experiencing a rising trend in trade openness and a tremendous increase in labor due to migration. In this paper, we empirically show the central role immigration had in boosting exports and imports in the years 1870–1913 by considering Argentine bilateral trade and migration from eight European countries (Austro-Hungarian Empire, Belgium, France, Germany, Italy, Spain, Switzerland, and United Kingdom). We use a migration-augmented gravity model to estimate the contribution of the massive inflows of Europeans, and we find that the main pro-trade effect was on imports: a percent 10% increase in migrants from a particular country would increase imports by up to 8% from that same country. We do not find the same effect on exports. The disproportionate decrease in transportation rather than communication costs may explain why the latter are relatively more decisive for exports than for imports. To overcome the problem of reverse causality and endogeneity, we use migration flows to the US from the eight European countries as an instrumental variable. In so doing, we aim at capturing the same push (but not Argentine pull) factors inducing European out-migration.

The last decade has witnessed the emergence and rise of trade disputes over renewable energy support measures. By pitting trade against the environment, these disputes ignited a considerable debate over the adequacy of the green policy space available under WTO law. This article examines whether and to what extent the first ten years of litigation settled the key issues in this debate by undertaking a systematic analysis of the developments in the case law and in the renewable energy policy landscape. The analysis reveals that the case law has raised more questions than answers and much uncertainty remains as to the scope of the policy space available for the subsidization of renewables. It also highlights how these disputes steered the debate away from the most contentious issue of subsidy regulation to the slam-dunk issue of non-discrimination. In doing so, they helped conceal rather than resolve the green policy space deficit in multilateral renewable energy subsidy governance.

This study examines how US discretionary practices developed in the past decade have affected antidumping duty rates against exporters. Using the most recent data on dumping margin calculations, we find that the US Department of Commerce (DOC) has developed discretionary practices in a more nuanced manner to inflate dumping margins, which have primarily targeted market economy exporters. Our case studies document that practices known as targeted dumping and particular market situations appear to serve as trade protectionism for market economy exporters, especially those who could otherwise have received a negative determination without such practices. Furthermore, the DOC has brought an apparent change in its application of discretionary practices after the Trade Extension Preferences Act of 2015, leading to much higher dumping margins for the market economy. Along with empirical and case analyses, we further examine the World Trade Organization (WTO) jurisprudence concerning the extent to which the discretion of an investigating authority in anti-dumping proceedings can be condoned in the WTO.

Why are highly educated people more supportive of international trade? Two competing explanations exist for this empirical finding. On the one hand, the economic interest approach suggests that the highly educated realize that trade can benefit them economically. On the other hand, the ideational perspective argues that this relationship arises because highly educated people are more cosmopolitan, and cosmopolitanism is positively related to support for trade. To contribute to this debate on the education–trade attitude nexus, we present and empirically test four hypotheses. Using data from the PEW Global Attitudes survey (2014) for 36 countries at various levels of development, we find that as expected by the economic interest approach, the effect of education on people's perceptions of the consequences of trade is conditional on respondents’ individual and subnational economic context. The results thus show that economic interest at least partly explains education's effects on public opinion towards trade. Beyond adding to this specific debate, the research note makes several broader contributions to research on trade and public opinion.