Hasan ALIYEV (Azerbaijan),
PhD student in Law
DIGITAL SOVEREIGNTY AND AZERBAIJAN'S FOREIGN POLICY: THE ROLE OF ARTIFICIAL INTELLIGENCE IN CONSTITUTIONAL AND INTERNATIONAL ISSUES
The modern world is undergoing an era of intensive digitalization, where technologies play a central role in global processes, from economics to politics. In this context, issues of sovereignty take on a new dimension, extending beyond traditional notions of political and territorial independence. Digital sovereignty, as an aspect of national security and autonomy, is becoming an integral part of the foreign policy of states.
For Azerbaijan, which is actively integrating into global economic and political processes, it is important not only to maintain control over its natural resources and territory but also to ensure security in the digital space. Cyber threats, global companies that control significant parts of digital infrastructure, as well as the use of artificial intelligence (AI) in international politics, require special attention to the issue of digital sovereignty.
This issue becomes particularly significant in the context of Azerbaijan's international relations. The country's foreign policy, which aims to ensure economic stability, security, and strategic partnerships, is increasingly facing challenges related to digital technologies. This includes not only cyber security threats but also the need to protect data, safeguard against manipulation, and ensure transparency in decision-making through technologies such as AI.
Digital sovereignty: theoretical aspects and legal foundationsDigital sovereignty is an important and multifaceted aspect of state sovereignty, which concerns control over digital resources, infrastructure, data, and technologies in the context of globalization. Unlike traditional sovereignty, which is related to political independence and control over territory, digital sovereignty focuses on a state's ability to protect its digital assets and citizens' rights in the face of the growing influence of technologies and transnational corporations. In modern conditions, the importance of digital sovereignty is increasing, as every aspect of life — from the economy to security — is increasingly dependent on digital technologies, necessitating the implementation of new mechanisms for legal regulation and international cooperation [1, p. 35].
In Azerbaijan, digital sovereignty has become a central theme of state policy in the context of the development of the digital economy and the growing threats in the field of cybersecurity. To ensure control over its digital space and protect national interests, the country must develop appropriate legislative and legal frameworks. These frameworks should recognize that digital sovereignty is not limited to cybersecurity issues but also encompasses data protection, control over critical infrastructure, and management of new technologies such as artificial intelligence (AI). It is important that Azerbaijan's legal framework takes into account not only internal threats but also potential external risks related to the interference of other states or international corporations.
The legal framework of digital sovereignty includes several key aspects. First, there is a need to develop national legislation in the areas of data protection and cybersecurity. Azerbaijan's legislation should protect both individuals and legal entities from external and internal threats in the digital space, including cyberattacks, espionage, and violations of citizens' privacy. Second, it is important to consider international agreements and norms regulating the use of digital technologies. Despite its independence in matters of sovereignty, Azerbaijan, like other countries, faces the necessity of complying with international standards for data protection, cybersecurity, and digital rights, such as the General Data Protection Regulation (GDPR) in the European Union or agreements related to the digital economy.
Furthermore, an important element of the legal framework is the regulation of the use of artificial intelligence and other advanced technologies. AI has a significant impact on decision-making in both the public and private sectors, including data analysis, improving the efficiency of public administration, and conducting international negotiations. In this context, legal regulation must address issues of ethics, data protection, and transparency in the use of AI in order to avoid discrimination and violations of human rights.
The experience of other countries shows various approaches to the issue of digital sovereignty. In the European Union, for example, the focus is on the protection of personal data and cybersecurity through laws such as the GDPR and the European Cybersecurity Strategy. The United States, on the other hand, largely relies on private companies to address digital sovereignty issues, despite efforts to strengthen the protection of national interests in the technology sector. China, however, demonstrates a stricter approach, ensuring sovereignty through the restriction of foreign technologies and tightening cybersecurity legislation, which allows the country to control information and data at a level much more stringent than in other countries [2, p. 123].
Azerbaijan, for its part, is on the path to creating its own model of digital sovereignty. In light of the global challenges related to the spread of technologies and threats in cyberspace, the country needs to develop a legal and technological infrastructure that will safeguard its national interests and ensure secure integration into the global digital economy. The development of laws such as data protection and cybersecurity legislation, as well as the promotion of AI technology development within the country, will play a key role in ensuring Azerbaijan's digital sovereignty.
Artificial intelligence and its impact on national security and foreign policyArtificial intelligence has a significant impact on a state's foreign policy and national security, including that of Azerbaijan. The role of AI in modern foreign policy is not only to improve decision-making quality but also to transform approaches to security, economics, and diplomacy. A key aspect is how AI can be used to analyze international situations, forecast foreign economic processes, and develop strategies in the areas of national security and the protection of digital infrastructures.
Modern technologies, including AI, significantly enhance the effectiveness of government agencies in diplomacy and foreign policy. AI can serve as a powerful tool for data analysis, helping to respond more quickly and accurately to changes in the international environment. For example, machine learning algorithms can analyze large volumes of information about international relations, identify hidden threats, and forecast the consequences of various foreign economic and political actions. This enables states, including Azerbaijan, to develop more precise and effective strategies in the field of international relations.
Furthermore, AI makes a significant contribution to the field of cybersecurity, which is an integral part of foreign policy. To protect digital infrastructures and prevent cyber threats, states need to use advanced AI technologies. These technologies not only allow for the rapid detection and neutralization of cyberattacks but also enable the prediction of potential threats, optimizing defense mechanisms. In the context of the global interdependence of digital ecosystems, where cyber threats are becoming increasingly sophisticated, Azerbaijan can use AI to strengthen its cybersecurity and ensure the reliability of critical infrastructure [7, p. 68].
Moreover, AI can play a key role in strengthening Azerbaijan's foreign policy by enhancing economic and trade relations. Foreign economic policy in the era of digitalization requires flexibility and rapid decision-making. AI can support economic diplomacy by improving trade relations, analyzing markets, and forecasting demand for resources and goods. In this regard, AI can become not only a tool for managing domestic economic processes but also an important element in the strategic management of the country's foreign policy.
Furthermore, in the field of diplomacy, AI can be used to optimize negotiation processes, improve interaction with international organizations, and create new platforms for diplomatic communication. For example, AI can analyze textual data from diplomatic documents and proposals, which accelerates and simplifies the negotiation process [3, p. 58].
Thus, artificial intelligence is a powerful tool not only for domestic policy and governance but also for Azerbaijan's foreign policy strategy. It is important that, in implementing these technologies, the state considers not only their potential to enhance diplomacy and security but also the risks associated with the influence of foreign powers and technological giants, which may exert control over the country’s sovereignty through their technologies.
Constitutional and legal challenges in the context of digital sovereigntyDigital sovereignty touches on important aspects of constitutional and legal regulation, as it addresses issues related to the protection of national interests in the digital sphere, as well as the rights of citizens, their digital rights, and the responsibilities of the state. Constitutional and legal challenges in the context of digital sovereignty require the development of new legal norms capable of effectively regulating the rapidly changing conditions of the global digital world.
One of the main challenges lies in establishing a legal foundation for the protection of national data and information systems, which are becoming vital assets of the state. In the context of digital transformation, it is necessary to clearly define which data are critically important for national security, how they should be protected, and what legal mechanisms should be created for their safeguarding. This requires a revision of existing regulations and the development of new laws that can adequately regulate the digital sphere in light of emerging challenges [6, p. 107].
An important issue is the harmonization of national legislation with international data protection standards, such as the General Data Protection Regulation (GDPR) of the European Union. Constitutional and legal challenges include the need to develop clear norms for the protection of citizens' personal data, safeguarding their right to privacy, and ensuring rights related to digital identity. It is also important to consider how international agreements can influence domestic legal systems and what measures need to be taken to prevent potential threats to the country's digital sovereignty associated with the transfer of data abroad.
Special attention in the context of digital sovereignty is required regarding the legal status and regulation of new technologies, such as artificial intelligence and machine learning. Constitutional and legal challenges include the need to create legal mechanisms for regulating the use of AI in areas such as the judicial system, public administration, the economy, and security. It is important to develop clear principles and rules for the use of these technologies, taking into account potential risks, such as discrimination, violations of citizens' rights and freedoms, and threats related to data manipulation [5, p. 246].
Furthermore, it is necessary to define the legal boundaries of state intervention in the digital sphere. The issue of state control over digital platforms, cyberspace, and online communications becomes particularly relevant in the context of combating cyber threats, misinformation, and manipulation in the network. It is important to determine how, within the framework of constitutional and legal regulation, one can balance national security with the protection of freedom of speech and other citizens' rights.
Constitutional and legal challenges also address the issue of the legal regulation of cyberspace in the international context. Azerbaijan must actively work on developing international norms and standards that would ensure the protection of citizens' digital rights, as well as regulate the use of technologies in a cross-border context. This will require the country's active participation in international organizations and forums, such as the UN and the World Intellectual Property Organization (WIPO), as well as cooperation with other states to develop universal legal norms in the fields of cybersecurity and data protection [4, p. 351].
Thus, digital sovereignty in the constitutional and legal context requires a comprehensive approach, encompassing both the protection of citizens' rights and the security of the state. Constitutional and legal challenges in this area are related to the need to adapt legislation to the rapidly changing conditions of the digital economy, harmonize national laws with international standards, and ensure a balance between citizens' rights and national security interests. Addressing these challenges will strengthen the legal foundations of digital sovereignty and ensure the sustainable development of the country in the face of global technological changes.
Azerbaijan in the global context: practical steps and challengesAzerbaijan, located at the crossroads of Europe and Asia, plays an important role in global political and economic processes, making issues of the country's digital sovereignty and foreign policy particularly relevant. In the context of globalization and the rapid development of digital technologies, Azerbaijan faces a number of unique challenges and opportunities to strengthen its sovereignty in the digital sphere.
One of the key steps for Azerbaijan in the global context is the development of its own technologies and infrastructure, which will allow the country to reduce dependence on foreign technologies and strengthen its digital independence. The development of national data centers, support for startups, and research in the fields of information technology and artificial intelligence will help create critical digital infrastructure capable of addressing both internal and external challenges. These initiatives must be supported at the state level through innovation incentives, tax breaks, and the creation of favorable conditions for the development of technologies.
A key challenge for Azerbaijan in the global context, as mentioned earlier, is the protection of national data and preventing foreign intervention in its digital sphere. This becomes particularly relevant in the context of increasing cyberattacks, espionage, and data manipulation on the international stage. In this context, Azerbaijan must develop a digital security strategy that includes both state protection measures and enhanced cooperation with international partners in the field of cybersecurity.
Finally, in order to address these challenges, Azerbaijan must also solve the staffing issues related to the shortage of specialists in the fields of information technology and artificial intelligence. This requires the creation of educational programs and partnerships with international institutions, as well as the development of retraining and professional development systems for existing specialists.
Conclusion. Digital sovereignty is an important and relevant aspect of Azerbaijan's foreign policy, particularly in the context of the rapid changes occurring in the global digital economy. Azerbaijan faces numerous challenges, such as cyber threats, cross-border data flows, dependence on foreign technologies, and the influence of international standards. However, despite these difficulties, the country has the opportunity to strengthen its digital sovereignty by integrating advanced technologies and developing effective legal and institutional measures to protect its national interests in the digital sphere.
The use of artificial intelligence and other advanced technologies can significantly enhance Azerbaijan's position in global politics and the economy, ensuring not only internal security but also enabling the country to successfully participate in the international arena. An essential aspect of this is the creation of a legal framework for regulating the use of technologies, protecting citizens' data, and ensuring cybersecurity.
Thus, to strengthen its digital sovereignty, Azerbaijan will need to address a number of challenges, but this is an important step toward ensuring national security, economic independence, and resilience on the international stage.
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Гасан АЛИЕВ (Азербайджан),
докторант по конституционному праву
ЦИФРОВОЙ СУВЕРЕНИТЕТ И ВНЕШНЯЯ ПОЛИТИКА АЗЕРБАЙДЖАНА: РОЛЬ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА В КОНСТИТУЦИОННЫХ И МЕЖДУНАРОДНЫХ ВОПРОСАХ
Резюме. Данная статья исследует развитие цифрового суверенитета Азербайджанской Республики и его влияние на внешнюю политику государства. Цифровой суверенитет дает возможность странам обеспечивать свою независимость и безопасность в глобальном цифровом пространстве, защищая и развивая национальные интересы. Для Азербайджана этот концепт имеет особое значение, поскольку страна стремится укрепить свои позиции как на региональном, так и на глобальном уровне, принимая во внимание развитие современных технологий и цифровой экономики. Статья также обсуждает, как искусственный интеллект должен регулироваться в правовом и конституционном контексте, а также анализирует возникающие правовые вызовы.
Hasan ALIYEV (Azerbaijan),
PhD student in Law
DIGITAL SOVEREIGNTY AND AZERBAIJAN'S FOREIGN POLICY: THE ROLE OF ARTIFICIAL INTELLIGENCE IN CONSTITUTIONAL AND INTERNATIONAL ISSUES
Summary. This paper explores the development of digital sovereignty in the Republic of Azerbaijan and its impact on the country's foreign policy. Digital sovereignty allows nations to ensure their independence and security in the global digital space, protecting and promoting national interests. For Azerbaijan, this concept is particularly important as the country seeks to strengthen its position both regionally and globally, considering the development of modern technologies and the digital economy. The paper also discusses how artificial intelligence should be regulated within a legal and constitutional framework, analyzing the legal challenges that arise in this area.