The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legisla...The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.展开更多
This paper examines how data sharing within industrial clusters reshapes collaborative innovation among small and medium-sized enterprises(SMEs)in the digital economy.Building on the resource-based view,transaction co...This paper examines how data sharing within industrial clusters reshapes collaborative innovation among small and medium-sized enterprises(SMEs)in the digital economy.Building on the resource-based view,transaction cost theory and social capital theory,it develops a conceptual model linking data pooling,mediating transformation mechanisms and collaborative innovation performance,with absorptive capacity and data sovereignty as boundary conditions.Using exploratory case studies of Catena-X and Gaia-X,the paper shows how industrial data-space architectures operationalise resource liquefaction,reduce search and monitoring costs and generate new forms of digital social capital through trust frameworks and verifable credentials.Federated learning and usage-control technologies further reconcile the openness paradox by making data“usable but not visible”.The fndings extend cluster and open-innovation theories to the data-driven era and generate managerial and policy implications for SMEs,cluster orchestrators and governments seeking to build trustworthy data ecosystems for inclusive,innovation-led development.The study outlines research directions.展开更多
Contemporary governance scholarship treats data as a resource that states possess—an asset to be collected,stored,and exploited.This article argues that governmental data infrastructure constitutes not merely an admi...Contemporary governance scholarship treats data as a resource that states possess—an asset to be collected,stored,and exploited.This article argues that governmental data infrastructure constitutes not merely an administrative tool but a mode of state existence:data is to the computational state what territory was to the Westphalian state.Drawing on Weber and Scott,we introduce the concept of Data as a State Form and formalize a stepwise causal chain to explain this transition.Crucially,we operationalize this theory into a five-dimension diagnostic template—a portable analytical grammar for comparative research on computational governance across regime types.Applying this framework to India’s Aadhaar,Estonia’s X-Road,and China’s integrated government services platform demonstrates how datafication alters the ontological substrate of statehood.We identify four fragility modes unique to the data-state(infrastructure collapse,data corruption,platform dependency,and algorithmic drift)and propose four testable propositions linking data infrastructure maturity to sovereign capacity,novel fragility,sovereignty contingency,and regime-type decoupling.展开更多
In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for ...In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.展开更多
Data Trusts are an important emerging approach to enabling the much wider sharing of data from many different sources and for many different purposes,backed by the confidence of clear and unambiguous data governance.D...Data Trusts are an important emerging approach to enabling the much wider sharing of data from many different sources and for many different purposes,backed by the confidence of clear and unambiguous data governance.Data Trusts combine the technical infrastructure for sharing data with the governance framework of a legal trust.The concept of a data Trust applied specifically to spatial data offers significant opportunities for new and future applications,addressing some longstanding barriers to data sharing,such as location privacy and data sovereignty.This paper introduces and explores the concept of a‘spatial data Trust’by identifying and explaining the key functions and characteristics required to underpin a data Trust for spatial data.The work identifiesfive key features of spatial data Trusts that demand specific attention and connects these features to a history of relevant work in thefield,including spatial data infrastructures(SDIs),location privacy,and spatial data quality.The conclusions identify several key strands of research for the future development of this rapidly emerging framework for spatial data sharing.展开更多
基金This paper is a phased result of the“Research on the Issue of China’s Data Export System”(24SFB3035)a research project of the Ministry of Justice of China on the construction of the rule of law and the study of legal theories at the ministerial level in 2024.
文摘The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.
文摘This paper examines how data sharing within industrial clusters reshapes collaborative innovation among small and medium-sized enterprises(SMEs)in the digital economy.Building on the resource-based view,transaction cost theory and social capital theory,it develops a conceptual model linking data pooling,mediating transformation mechanisms and collaborative innovation performance,with absorptive capacity and data sovereignty as boundary conditions.Using exploratory case studies of Catena-X and Gaia-X,the paper shows how industrial data-space architectures operationalise resource liquefaction,reduce search and monitoring costs and generate new forms of digital social capital through trust frameworks and verifable credentials.Federated learning and usage-control technologies further reconcile the openness paradox by making data“usable but not visible”.The fndings extend cluster and open-innovation theories to the data-driven era and generate managerial and policy implications for SMEs,cluster orchestrators and governments seeking to build trustworthy data ecosystems for inclusive,innovation-led development.The study outlines research directions.
文摘Contemporary governance scholarship treats data as a resource that states possess—an asset to be collected,stored,and exploited.This article argues that governmental data infrastructure constitutes not merely an administrative tool but a mode of state existence:data is to the computational state what territory was to the Westphalian state.Drawing on Weber and Scott,we introduce the concept of Data as a State Form and formalize a stepwise causal chain to explain this transition.Crucially,we operationalize this theory into a five-dimension diagnostic template—a portable analytical grammar for comparative research on computational governance across regime types.Applying this framework to India’s Aadhaar,Estonia’s X-Road,and China’s integrated government services platform demonstrates how datafication alters the ontological substrate of statehood.We identify four fragility modes unique to the data-state(infrastructure collapse,data corruption,platform dependency,and algorithmic drift)and propose four testable propositions linking data infrastructure maturity to sovereign capacity,novel fragility,sovereignty contingency,and regime-type decoupling.
基金This article is supported by Law and Technology Institute,Renmin University of China.All mistakes and omissions are the responsibility of the author.
文摘In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.
文摘Data Trusts are an important emerging approach to enabling the much wider sharing of data from many different sources and for many different purposes,backed by the confidence of clear and unambiguous data governance.Data Trusts combine the technical infrastructure for sharing data with the governance framework of a legal trust.The concept of a data Trust applied specifically to spatial data offers significant opportunities for new and future applications,addressing some longstanding barriers to data sharing,such as location privacy and data sovereignty.This paper introduces and explores the concept of a‘spatial data Trust’by identifying and explaining the key functions and characteristics required to underpin a data Trust for spatial data.The work identifiesfive key features of spatial data Trusts that demand specific attention and connects these features to a history of relevant work in thefield,including spatial data infrastructures(SDIs),location privacy,and spatial data quality.The conclusions identify several key strands of research for the future development of this rapidly emerging framework for spatial data sharing.
