| The rapid development of digital economy is driving the overall upgrading of digital trade,global digital trade is booming.It has an increasing proportion in the global economy,The world’s developed countries seize the opportunity to seize the commanding heights and discourse power of digital trade rules.In particular,the developed countries led by the United States have obvious advantages in the development of digital trade,leading the world in the formulation of digital trade rules.In order to further enhance its leading position in the field of digital trade and better cooperation between the United States and Japan in the field of digital trade,the United States and Japan signed the U.S.-Japan Digital Trade Agreement(UJDTA for short)in October 2019.UJDTA is the first digital trade agreement in the world,and also the most comprehensive and highest standard agreement in the history of solving digital trade barriers.As the world’s largest and third largest economies,the signing of the agreement plays a very important role in guiding the trend of the world’s digital trade rules and promoting the further development of the typical template of American digital trade rules.Firstly,this paper studies the basic contents of the UJDTA:that is to say,in order to ensure the free flow of data across borders,the contracting parties are exempt from tariff,but domestic digital tax is levied with non differential treatment;it is forbidden to force the localization of data storage,communication facilities and computing facilities;protect the intellectual property rights of cross-border mobile data,that is,strengthen the password protection and key algorithm protection;and exempt the providers of data cross-border mobile services from liability.By comparing UJDTA with TPP,USMCA and Japan Europe EPA,it is concluded that UJDTA is an extension and upgrade of TPP and USMCA,which is different from Japan Europe EPA in some aspects.The signing of UJDTA has a profound impact on China and even the world.According to the basic content of UJDTA,this paper analyzes the development trend of UJDTA in the future,including the establishment of global uniform data flow rules and the elimination of digital trade barriers between countries as far as possible,so as to further reduce the transaction cost of cross-border data flow;increased protection of intellectual property rights in the field of digital trade through the development of data protection regulations;and the promotion of further free flow of data across borders by clarifying the responsibilities of providers of data cross-border flows.UJDTA,as the product of the American-Japanese digital trade game,it has a certain reference function for the improvement of China’s digital trade rules.China should strengthen domestic legislation to provide legal protection for the development of digital trade;strengthen cooperation with developing countries to promote developing countries to formulate digital trade rules conducive to their development,and gradually infiltrate such rules into international digital trade negotiations;it should strengthen communication and consultation with developed countries and actively participate in the formulation of international digital trade rules. |
