Theoretical Basis,Practical Application and China's Response of Applying International Comity Principle in Conflict of Data Laws
In recent years,clashes over data sovereignty between nations have resulted in an escalation of legal conflicts.The"principle of international comity"first proposed by Dutch jurist Ulicus Huber and later refined by American jurist Curry,has evolved into specific rules that consider the existence of real legal conflicts,measure the interests of all involved parties,and result in self-restraint of sovereignty.While the principle of international comity can serve the unilateralism of political goals,its characteristic of diversified analysis,combined with restraint on sovereign power,plays a significant role in coordinating data legal conflicts between countries.In the three main scenarios where data legislation applies outside the jurisdiction,data enforcement agencies obtain data outside the jurisdiction,and cross-border data companies enforce judgments related to data in one country in another,the application of the principle of international comity has demonstrated its positive significance in maintaining inherent national interests and avoiding conflicts of sovereignty.Although the principle of international comity is not an official legal source in China,it is appropriate to draw upon its application rules in legislation,law enforcement,and judicial aspects as China moves towards a new pattern of comprehensive opening up.This not only aligns with China's consistent stance of promoting international cooperation but also helps China enhance its international discourse power and establish image of a responsible country with great power.
international comitydata sovereigntyconflict of data lawsbalance of interestscross-border data flow
万方数据
维普
