Abstract:Due to the cross-border provision of artificial intelligence technology, the global layout of industries, and the spillover effects of risks, it is necessary for national legislation on artificial intelligence to appropriately expand extraterritorial jurisdiction in the absence of international regulatory consensus. The extraterritorial jurisdiction of artificial intelligence legislation imposes institutional constraints on overseas researchers, users, and corporate entities by expanding the scope of jurisdiction, extending territorial jurisdiction, and restructuring regulatory objectives. Developed economies, such as the United States, Europe, and Japan, have implemented extraterritorial jurisdiction through methods such as "Technology-Leviathan", "Brussels effect", and "soft law regulation". At present, China's artificial intelligence legislation exhibits a "small-bite" and "scenario-based" approach and begins to explore the feasibility of extraterritorial administrative application. To further safeguard sovereignty, security, and development interests, and promote the construction of a global governance mechanism for artificial intelligence, China can introduce appropriate jurisdiction rules, actively explore the formation mechanism of the "Beijing effect", and promote the World Artificial Intelligence Cooperation Organization as a platform for standard selling, dialogue coordination, and dispute resolution.

Keywords: artificial intelligence legislations; jurisdictions; extraterritorial application; Technology Leviathan; soft law regulation

 

Author:Sun Nanxiang, associate research fellow, CASS Institute of International Law; Tang Anran, post-graduate student, Law School of the University of CASS

Source:6 (2025) Journal of Changzhou University (Social Science Edition).