Platforms and Global Governance: Globalization on Steroids

Abstract

Platforms constitute a novel context for social interaction. Physical distance makes little to no difference to interaction, and so the frequency and intensity of cross-territorial border interaction grow dramatically. This growth in interaction will be globalization on steroids. Platforms increase both collision among national rules (jurisdictional collision) and collision at the international level among functional rules (fragmentation). Revised normative and organizational tools will be needed to manage the increased globalization and fragmentation resulting from the rise of platform commerce. These tools may include modifications and extensions of existing rules of trade law, but they will embrace other areas of regulation in a much more nuanced manner than has been necessary until now. The existing fragmentation or ‘siloed’ nature of our international trade and regulatory systems will need to be modified—lateralized—to allow a more coherent approach.