Algorithmic Governance and International Law: Reconciling Sovereignty and Cross-Border Accountability

Abstract This article interrogates the concept of artificial intelligence (AI) sovereignty as an emerging site of normative tension within international law. As states increasingly assert jurisdiction over AI technologies and digital infrastructures, established doctrines, particularly those concerning territoriality, jurisdiction, and accountability, are under strain. Drawing on comparative analysis, the article examines how Asian legal systems, including those of China, India, and ASEAN, construct distinct digital sovereignty models in contrast with the European Union’s supranational rights-based approach and the United States’ market-oriented framework. Grounded in jurisprudential inquiry and informed by theories of legal pluralism and global constitutionalism, the article argues that international law must evolve to accommodate algorithmic governance through normative and institutional innovation. It proposes three core interventions: reconceptualising digital territoriality, developing cross-border accountability mechanisms, and advancing treaty frameworks that embed cooperation without eroding sovereign agency. The article positions Asia as a critical contributor to reimagining global governance in the algorithmic age.