International Law & The Digital Economy (LAWS90297)

This subject examines the intersections of digital technologies, international law, and global economic development. Taking its cue from Tuvalu's proposition for a digital twin and the concept of digital nations, the course delves into the evolution of data jurisdictions, the role of corporations in international governance, and the transformative impact of information technologies on states, societies, and economies. Students will scrutinise the role of corporate entities as pivotal players in governance, locate tech companies in the development framework of technology transfer, and retrace the influence of cybernetics on legal theory and practice in the age of information technologies. The syllabus challenges the delineation between state and non-state actors by tracing tools of statecraft both old and new such as concession agreements, special economic zones, platforms, the rise of network states and Decentralised Autonomous Organisations. 

 Case study: 

Throughout the subject students will engage in a practical exercise revolving around Tuvalu's proposition on becoming the First Digital Nation. In groups, students will explore different aspects of the proposal including the technological frameworks necessary to actualise such a vision and the strategies and implications for the digital conservation of Tuvalu's cultural legacy as a digital twin. Their work will take the form of a legal fabulation: a narrative that, while based on factual research and legal principles, allows for creative freedom in exploring the ethical, emotional, and social dimensions of Tuvalu's digital transformation. 

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Analyse the role of digital technologies for international law by drawing on historical and contemporary approaches to statecraft defining state sovereignty and global economic integration.
• Evaluate the legal and economic implications of data jurisdictions and the commodification of data capital, understanding their impact on international legal frameworks.
• Assess the mechanisms of technology transfer, including concession agreements, special economic zones, and platform economies, and their role in forming differentiated sovereignties.
• Critique the evolving role of corporations in international law as governance entities in light of increased digitisation.
• Engage in legal fabulation by crafting narratives that explore the potential realities and implications of Tuvalu's digital transformation.

Generic skills

• Analyse the intersection of digital technologies and international law, including state sovereignty and economic integration.
• Evaluate the legal and economic impacts of data jurisdiction and technology transfer mechanisms on international frameworks.
• Critically assess the evolving role of corporations in international law amidst increased digitisation, and engage in speculative legal narratives.