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The law as a structural system attempting to stabilize the social order is confronted with far-reaching technological advances that have the potential to undermine traditional normative principles. Particularly in a digital and globalized environment, a broader and better coordinated rule-making approach is needed. Legal interoperability as process of making normative rules cooperate across jurisdictions to avoid a fragmented landscape gains importance. In view of the technological innovations an appropriate international framework for the data-driven world should implement three basic regulatory principles, namely (i) transparency, (ii) accountability, and (iii) safety and robustness, leading to trust and traceability. Furthermore, such a framework must contribute to the avoidance of distortions caused (i) by an anticompetitive behavior of market dominant enterprises, (ii) by a not justified denial of network neutrality, and (iii) by the imposition of inappropriate data localization rules. A new digital trade regime overcoming the outdated goods’ and services’ classifications and encompassing international regulatory cooperation is also needed in view of overcoming the present tensions in WTO law and of developing an appropriate framework for digital assets. The new business models with tokenized values must become part of the trade rule framework with regulatory elements being an enabler of digital innovation.
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