Metaverse: Yet Another Jeopardy for the Constitutional Social Contract?
摘要
If ever implemented, the metaverse is set to revolutionise the governance of cross-border modes of “living” in digitised environments. Alongside sector-specific disruptions, others may cut across multiple legal areas as overarchingly as to encompass citizens’ constitutional entitlements. Stemming therefrom are dilemmas which warrant both domestic and global responses, including: the relationship between “the private” and “the public” under modern Constitutions; the metaverse as a multi-jurisdictional setting where fast-paced conflict-of-laws controversies will proliferate both quantitatively and complexity-wise; and the jurisdictional technicalities related to policy elaboration and enforcement in the virtual reality, with special emphasis on the transnationality of international-human-rights-law safeguards. Constitutions themselves as a social contract are undergoing transformation to accommodate trends such as time-shrinking, relational dematerialisation, Westphalia’s disarticulation, and the public repercussions of State-sanctioned but privately managed communication infrastructure, which are being catalysed or upscaled by metaverse-provided experiences. Ubiquitous as it is, the metaverse might exhaust the territorially bound, constitutional social contract, defying the rationale for any social contract at all. How would an “international law of the metaverse” keep Constitutions current in virtuality-powered societies? The balance of power between natural and legal persons, the rule of law, and the very effectiveness of constitutional norms, might find themselves challenged as drastically as never before.