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학술논문동아법학2025.05 발행

Research on the Governance Pathways for Cross-border Flow of Scientific Research Data in the “Belt and Road Initiative”

Research on the Governance Pathways for Cross-border Flow of Scientific Research Data in the “Belt and Road Initiative”

Xu Changdeng(서남정법대학); Yue Shumei(서남정법대학)

107호, 163~210쪽

초록

The cross-border flow of scientific research data develops following the dual connotations of cross-border data, encompassing the open sharing of scientific research data and cross-border transmission. The governance pathways for cross-border flow of scientific research data within the “Belt and Road Initiative” can be categorized into two main models: the “passive” open sharing of scientific research data comprises the interactive platform governance and soft law guidance governance, and the “active” cross-border transmission of scientific research data consists of the extended “from principle to specificity” governance and “internal and external differentiation” center governance. The interactive platform governance lacks synergies, while the soft law guidance governance does not adequately balance the interests of developing and developed countries. The “principle to specificity” extension governance lacks comprehensive regulation of cross-border data transfer, and the “internal and external differentiation” center governance exacerbates competition and fragmentation in the governance of cross-border data flow. Based on China's data strategy and the positioning of the “Belt and Road”, it is recommended to promote the integration of interactive platform governance for open sharing of scientific research data, optimize soft law-guided governance grounded in the concept of a community of destiny, clarify the “dual-track” rules for cross-border flow of scientific research data within the Regional Trade Agreement (RTA) framework, and pilot regulatory sandboxes in Free Trade Zones (FTZs). Lastly, efforts should be made to optimize the effectiveness of global governance of scientific research data within the frameworks of the WTO and UN.

Abstract

The cross-border flow of scientific research data develops following the dual connotations of cross-border data, encompassing the open sharing of scientific research data and cross-border transmission. The governance pathways for cross-border flow of scientific research data within the “Belt and Road Initiative” can be categorized into two main models: the “passive” open sharing of scientific research data comprises the interactive platform governance and soft law guidance governance, and the “active” cross-border transmission of scientific research data consists of the extended “from principle to specificity” governance and “internal and external differentiation” center governance. The interactive platform governance lacks synergies, while the soft law guidance governance does not adequately balance the interests of developing and developed countries. The “principle to specificity” extension governance lacks comprehensive regulation of cross-border data transfer, and the “internal and external differentiation” center governance exacerbates competition and fragmentation in the governance of cross-border data flow. Based on China's data strategy and the positioning of the “Belt and Road”, it is recommended to promote the integration of interactive platform governance for open sharing of scientific research data, optimize soft law-guided governance grounded in the concept of a community of destiny, clarify the “dual-track” rules for cross-border flow of scientific research data within the Regional Trade Agreement (RTA) framework, and pilot regulatory sandboxes in Free Trade Zones (FTZs). Lastly, efforts should be made to optimize the effectiveness of global governance of scientific research data within the frameworks of the WTO and UN.

발행기관:
법학연구소
분류:
법학

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Research on the Governance Pathways for Cross-border Flow of Scientific Research Data in the “Belt and Road Initiative” | 동아법학 2025 | AskLaw | 애스크로 AI