ABSTRACT

This chapter looks at international trade and cybersecurity, including domestic trade regimes, before turning to issues in international investment law and cybersecurity. Relevant tariff and non-tariff barriers to free trade influenced by or in reference to cybersecurity include export licenses; import bans and other market access restrictions; cyber sanctions; government procurement restrictions; testing, certification and security standards. There are few trade instruments that make specific reference to cyber; however, most governments take the position that the rules governing how economies may regulate other goods and services also apply to cyber goods and services. Multiple international organizations have undertaken initiatives regarding cyber and digital trade, particularly in the interest of developing shared norms. World Trade Organizationdiscussions have also been increasing with respect to the regulation of cyber security. Governments regulate the import and export of cyber services and products through at least four trade-related administrative means: export controls, import licenses, government procurement requirements, and technical standards.