Data Territories: Changing Architectures of Association in International Law

Netherlands Yearbook of International Law, Forthcoming

UNSW Law Research

43 Pages Posted: 20 Jul 2016

See all articles by Fleur E. Johns

Fleur E. Johns

University of New South Wales, Faculty of Law

Date Written: June 6, 2016

Abstract

Territoriality is a powerful architecture of association in international law, performing significant bounding, distributive and placement functions. Yet it has always interacted with other global legal architectures of affiliation and disaffiliation, among them informational geographies. So what becomes of territoriality amid the turn to data analytics – the automated analysis of massive, distributed data sets – as a basis for international legal and policy decision, action, thinking, and prediction? This article recounts processes and practices already underway on the global plane that are effecting, on one hand, the “datafication” of territory (and the related rise of a logic of association) and, on the other, the “territorialisation” of data (and the emergence or recurrence of “data territories”) in international legal order. Through these kinds of processes, and in its variable configurations, data might yet parallel physical territory (landed and maritime) as a primary medium for the conduct of juridical global life and conflict, a prospect that raises important questions for international law and lawyers.

Keywords: Territory, international law, data analytics, law and technology

JEL Classification: K33

Suggested Citation

Johns, Fleur E., Data Territories: Changing Architectures of Association in International Law (June 6, 2016). Netherlands Yearbook of International Law, Forthcoming; UNSW Law Research. Available at SSRN: https://ssrn.com/abstract=2810897

Fleur E. Johns (Contact Author)

University of New South Wales, Faculty of Law ( email )

UNSW Australia
Sydney, New South Wales 2052
Australia
+61 2 9385 9893 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/fleur-johns

Register to save articles to
your library

Register

Paper statistics

Downloads
156
Abstract Views
781
rank
186,834
PlumX Metrics