Jurisdiction of States in the metaverse

The article is devoted to the study of the possibility and features of the establishment of jurisdiction by the state in the metaverse, a virtual space where state power may exist. The author analyzes the concept of the state territory, including the historical evolution of approaches to its understanding, and concludes that the metaverse can theoretically be considered as a continuation of the state territory. Based on this fact, a conclusion is drawn about the possibility of establishing both territorial and extraterritorial jurisdiction in the metaverse. The article highlights the features of establishing territorial jurisdiction in the metaverse through the localization of personal data, the prohibition (restriction) of information on the territory of the state, the "landing" of metaverse operators and on the basis of the doctrine of consequences. The possibilities of establishing extraterritorial jurisdiction in the metaverse based on universal and protective principles are also being considered. Special attention is paid to the "virtual twins" of states in the metaverse, which can be considered as a manifestation of the imperium of the state in virtual space for the purposes of establishing jurisdiction.  The following methods were used in this article: formal-logical, historical-legal, comparative-legal research methods. The main conclusions of this study are that the theoretical consideration of the metaverse as an extension of the state territory allows us to shed light on the issues of establishing the jurisdiction of states in this virtual space. The author drew conclusions about the possibility of the state establishing territorial jurisdiction in the metaverse, where the territorial binding may be: personal data related to its citizens, the orientation of information to the territory of the relevant state, the activities of the organization controlling the metaverse on the territory of the state and the consequences on its territory. Conclusions were also drawn about the possibility of establishing universal jurisdiction in the metaverse if the development of the latter would make it possible to violate the norms of jus cogens within its framework. It was also concluded that it is possible to establish jurisdiction over actions in the metaverse based on the protective principle, since the metaverse can provide opportunities for actions that may affect the essential interests of States. "Virtual twins" of States, by analogy with national space objects, with ships or aircraft flying the flag of a certain State, are an extension of the state territory for the purpose of establishing jurisdiction.

Jurisdiction, Metaverse, Virtual space, Virtual twins, Territory, Power, Information, Sovereignity, Exterritorial jurisdiction, Territorial jurisdiction