Closing the Legal-Technical Gap in Digital Trade

Abstract

As digital trade continues to reshape the global economic landscape, the key objective of this study is to bridge a significant Legal-Technical gap characterised by the discord between rapid technological advancements and slower-evolving legal frameworks. This paper delves into the complexities of this gap and emphasises the need for a holistic approach to understand and address the multifaceted challenges it presents to businesses, policymakers, and the broader international trading system. This research offers a novel theoretical foundation for exploring and bridging the Legal-Technical gap in digital trade. Initially, it discusses the integration of legal and technical knowledge systems, which leads to the emergence of specific transdisciplinary knowledge as described by Andrew Sage's Theory of Systems. Subsequently, it explores the acquisition of universal knowledge about these systems through Herman Dooyeweerd's multi-aspectual philosophy. Furthermore, it proposes the development of a transdisciplinary knowledge representation using Fritz Zwicky's Morphological Method. Our analysis reveals that focusing on lingual, social, economic, and aesthetic aspects enables the prioritisation of critical factors essential for enhancing legal-technical functionality.