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Sovereignty; jurisdiction; territoriality; data; technology; international law; state; border; elasticity; cross-border; transfer; regulations; privacy; China; European Union; United States; governance; conceptualization; theory; extraterritoriality; globalization; boundaries; GDPR; protection; digital; MLAT; internet; server; controller; processor; comparative; analysis; Cybersecurity Law; location; localization; infrastructure; network; transnational; CJEU; electronic evidence; provider; communication; CLOUD Act; SCA; DPD; reterritorization; representative; scope; mechanism; approach; dimension; cyberspace; Balkanization; fragmentation; conception; configuration; information; authority; political
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Full-Text Articles in Law
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …