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All Journal JHCLS Journal of Sustainable Development and Regulatory Issues
Naeem AllahRakha
Tashkent State University of Law, Tashkent
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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Legal Approaches to Data Transfer and Traceability in CRM Value Chains Internationally Naeem AllahRakha; Umida Shaakbarovna Sharaxmetova; Burxanova Leyla Mariusovna; Abdullayeva Malikabonu Erkin Kizi; Akramov Akmaljon Anvarjon Ugli
Journal of Human Rights, Culture and Legal System Vol. 6 No. 1 (2026): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v6i1.777

Abstract

China controls nearly 90% of the global supply of strategic rare earth elements, and its 2025 export restrictions exposed significant vulnerabilities in global critical raw material (CRM) supply chains. Although many jurisdictions have adopted traceability requirements to improve supply chain transparency, these measures increasingly conflict with national data sovereignty regulations, creating a legal trilemma involving transparency, data control, and international trade. This study examines the legal implications of divergent data sovereignty regimes for CRM traceability and evaluates the adequacy of existing international mechanisms governing cross-border data transfers. The research employs a normative legal method using statutory, conceptual, comparative, and analytical approaches to assess the compatibility of domestic regulatory frameworks with international trade obligations. The findings reveal three principal conclusions. First, existing international and domestic legal frameworks governing cross-border data transfers remain fragmented, generating regulatory inconsistencies that undermine the effectiveness, reliability, and interoperability of CRM traceability systems. Second, an effective international traceability framework requires harmonized legal standards that establish clear and proportionate rules, recognize the legal validity of digital traceability records, safeguard legitimate state interests in strategic data governance, and facilitate secure cross-border information exchange. Third, although the traceability trilemma cannot be completely resolved because transparency, data sovereignty, and international trade embody competing legal priorities, a balanced international legal framework aligned with World Trade Organization principles can reduce regulatory conflicts, strengthen legal certainty, prevent disguised trade restrictions, and promote trustworthy cooperation throughout the global CRM value chain.
Data Protection Conflicts and Procedural Fairness in Cross-Border Digital Dispute Resolution Naeem AllahRakha; Axmedshaeva Mavluda; Abdurasulova Kumrinisa; Musayev Elbek; Utegenov Nurbolat
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.162

Abstract

The rapid digitalization of society has given rise to digital dispute resolution (DDR) mechanisms that are transforming traditional justice systems through online, automated, and platform-based processes. However, the rapid expansion of these mechanisms has outpaced regulatory development, leaving unresolved questions about jurisdiction, enforceability, and user protection. This study examines how conflicts between incompatible data protection regimes and the absence of uniform procedural fairness standards in cross-border digital dispute resolution (DDR) interact to create compounded rights deficits for users. Using a qualitative document analysis design combined with doctrinal legal research, the study analyses the structural incompatibility between GDPR Articles 3, 5, and 46–48 and US-based cross-border DDR platforms, and assesses the procedural fairness deficits including opacity of automated decisions, absence of human review, and foreclosure of meaningful appeal that result from platform-based dispute resolution operating outside binding procedural standards. The central finding is that these two regulatory failures are structurally interdependent: the same conditions that enable data protection violations simultaneously deprive users of the informational preconditions of a fair hearing. The study proposes an integrated regulatory framework comprising unified recognition rules conditioned on dual compliance with data protection and procedural fairness standards, a mandatory accreditation scheme for cross-border DDR providers, and regulatory sandboxes for supervised innovation. The findings provide an analytically grounded framework for addressing a compound regulatory failure that currently affects millions of cross-border DDR users.
Co-Authors Abdullayeva Malikabonu Erkin Kizi Abdurasulova Kumrinisa Akramov Akmaljon Anvarjon Ugli Axmedshaeva Mavluda Burxanova Leyla Mariusovna Musayev Elbek Umida Shaakbarovna Sharaxmetova Utegenov Nurbolat