JOURNAL ARTICLE
Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty.
Published In: Chinese Journal of International Law, 2024, v. 23, n. 1. P. 25 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Chatinakrob, Thanapat 3 of 3
Abstract
This article examines the challenges posed by information and communication technology (ICT) threats to State sovereignty and international law, focusing on issues of sovereignty violation, extraterritorial effects, and the emerging concept of cyberspace sovereignty. It analyzes how existing international legal principles—such as State sovereignty, non-intervention, and the prohibition of the use of force under the UN Charter—apply to cyber operations conducted by State and non-State actors, highlighting difficulties in attribution, jurisdiction, and enforcement in the borderless digital environment. The article also discusses regional instruments like the Budapest Convention on Cybercrime and the role of non-State actors in cyberspace governance, emphasizing the need for new, tailored international legal frameworks to address the unique characteristics of cyberspace. Ultimately, it argues that while current international law provides a foundation, dedicated and cooperative global regulations are essential to effectively manage State behavior and protect sovereignty in the evolving digital realm.
Additional Information
- Source:Chinese Journal of International Law. 2024/03, Vol. 23, Issue 1, p25
- Document Type:Article
- Subject Area:Science
- Publication Date:2024
- ISSN:1540-1650
- DOI:10.1093/chinesejil/jmae005
- Accession Number:176780060
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