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The global reach of EU law : insights from EU data institutionalisation
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2313-3775
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Journal of international and comparative law, 2025, Vol. 12, No. 1, pp. 141-154
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YANG, Kunhao, The global reach of EU law : insights from EU data institutionalisation, Journal of international and comparative law, 2025, Vol. 12, No. 1, pp. 141-154 - https://hdl.handle.net/1814/92811
Abstract
Positioning itself as an active global actor, the European Union (EU) will no longer surprise its followers with its far-reaching legislation, often imbued with extraterritorial policy objectives that go beyond the border of the internal market. The global reach of EU law has long been viewed as the key character of the EU as a global actor. This article centres on the term institutionalisation, looking into the EU’s efforts to promote normative institutions and shape global governance in data regulation, digital trade, and cybersecurity. Institutionalisation is characterised as an EU-driven process in which the EU acts as an institution-setter, proactively encouraging and nudging non-EU players to adapt to and align with EU data norms. But this is only half the story. The term EU institutionalisation takes into account the reaction of non-EU players and its impacts on the EU normative institutions, particularly when it engages with global digital players and trading partners like the United States and China. The EU’s long-standing efforts to foster global regulatory co-operation reaffirm its commitment to multilateralism. Institutionalisation provides a new analytical framework to examine the institution-setting role of the EU in the digital era. This review article revisits the theoretical basis of institutionalisation and invites further discussion on the EU’s evolving normative role in global governance.
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Published: June 2025