ETD

• data
• digital assets
• digital sovereignty.
• foreign investment
• national artificial intelligence

The progress of technology is constantly changing societal structures. There has been a migration of classic concepts into the digital realm and digital sovereignty is an example of it. The breakthrough of Generative AI renovated the desire of countries around the world to harness the power of artificial intelligence with a domestic approach, excluding the influence of other nations. However, global asymmetries limit the access of countries to resources, highlighting the role of foreign investments. In this regard, data and other digital assets are set to permeate international investment law, a regime designed for a different historical context. In order to understand the challenges faced by the system, this dissertation analyses the applicability of existing provisions on the protection of foreign investments to data. After identifying the need to fill a regulatory gap, this paper discusses potential obstacles, arguing for solutions through a multilateral regime and non-binding mechanisms.