E-Commerce and Trade Facilitation: Addressing Legal Barriers and Advancing Harmonization in International Trade Law

Abstract

The swift growth of e-commerce has altered the dynamics of international trade, leading governments and international organisations to reevaluate established frameworks for trade facilitation. The full potential of digital trade is nevertheless limited by fragmented rules, uneven norms, and unresolved legal ambiguities across jurisdictions, even while it offers prospects for efficiency, profitability, and wider market access. This study addresses the fundamental legal impediments that inhibit seamless cross-border electronic commerce, such as data localisation restrictions, varied protections for customer’s regimes, cybersecurity standards, and the lack of mutual acceptance of digital transactions. It assesses how these barriers impact efforts to facilitate trade under commerce law, specifically in the context of developing digital trade instruments, local trade frameworks, and World Trade Organisation (WTO) accords. The definition, traits, and development tendencies of cross-border e-commerce are first examined in this study. Second, it examines the main legal concerns related to international e-commerce, such as data privacy and security, legal applicability, taxation, intellectual property protection, and consumer rights protection. The study then assesses the shortcomings of the current trade law in dealing with cross-border e-commerce issues, highlighting the gaps in domestic rules and the shortcomings in international cooperation mechanisms. In order to promote the healthy growth of cross-border e-commerce worldwide, the report concludes by outlining a number of solutions, including enhancing international cooperation structures, bolstering legal regulation, and encouraging the protection of intellectual property and consumer rights.