From Paper to Platform: Reforming E-Commerce Laws Through WTO and China-FTA Lenses

Abstract

This article explores the urgent need to reform e-commerce laws by examining the evolution from traditional paper-based regulations to dynamic digital platforms. It critically analyzes the World Trade Organization’s (WTO) current legal framework, which, despite its broad multilateral reach, lacks comprehensive and binding provisions specifically tailored for e-commerce. In contrast, China’s Free Trade Agreements (FTAs) exemplify a pragmatic and forward-looking approach, integrating detailed digital trade rules that address data governance, consumer protection, and platform regulation. Using doctrinal and comparative legal analysis, this study highlights the strengths and limitations of both WTO and China-FTA frameworks. The findings suggest that leveraging China’s innovative FTA provisions within the WTO’s multilateral system offers a promising pathway for harmonizing global e-commerce regulations. The article concludes by recommending a layered governance model that balances free cross-border data flows with national security and privacy concerns, while promoting digital inclusion and SME participation. These reforms are vital to ensuring legal certainty and fostering sustainable growth in the digital economy.