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International Cyberspace Law: New Challenges

 


Introduction

The international legal system is slowly taking into consideration the role of cyberspace. Action in cyberspace requires no time and place. The process of globalization has not only brought achievements in civilization but also challenges embedded in it. It is a fact that national threats have changed under globalization and the internet revolution. The offences are no longer confined to boundaries and offences through the internet have increased. Thus, international cooperation has become essential to avoid such threats. The cyber domain in the context of the transformation of international security has great influence.

What can be done?

The UN-centric approach should be the core governance model in the global cyberspace: Cyberspace is a domain, which comes with aspects of virtual reality but also covers major aspects of state sovereignty etc. When it comes to cyber issues in respect of the international community, the states should rely on existing mechanisms under the UN framework. In the year 2018, the United Nations General Assembly adopted two important resolutions to deal with cyber-security i.e., “Developments in the Field of Information and Telecommunications in the context of International Security and Advancing Responsible State Behaviour in Cyberspace in the context of International Security”[1]. Moreover, the UN has always proved effective in resolving international matters.

The state sovereignty should be normalised in cyberspace:

The principle of state sovereignty is the core of international relations and should be applied to cyberspace also. State Sovereignty in the context of cyberspace means rights and obligations like maintaining peaceful use of cyberspace, refraining from use of threat or force etc. In this regard, the United Nations Group of Governmental Experts (UNGGE) in 2013 affirmed and took a step forward of putting international norms and principles to be applied to relevant activities on the technology of information and communication[2]. Moreover, in 2015, UNGGE report not only reaffirmed the 2013 arguments and further developed the concept of state sovereignty in cyberspace.

Application of existing laws in par with cyberspace requires further scrutiny:

Considering increasing cyber-attacks in some of the countries, some scholars developed an opinion and described these attacks as acts of cyber warfare, further invoking the provisions of The Charter of the United Nations on threat or actual use of force and advocating the application of law of state responsibility to all cyber-attacks. Even if there are some attacks which are conducted by states or maybe in attribution of other states, these attacks will fall under “threat or use of force” or “armed attack” category. These attacks should be peacefully handled by the UN Security Council rather than employing military forces. 

Conclusion

Despite international legal instruments for cyberspace, the international community can do better. It is necessary for the states to come and stand as one rather than to focus on military standards. Furthermore, the UN framework should hear the demands of most countries of the world and follow new developments of information technology to establish an international legal instrument to combat cybercrimes. 

 

By: Munis Nasir  

(Legal Intern, WCSF)

 

 

For more updates, please visit our official website: https://www.worldcybersecurities.com/

 

FOOTNOTES

[1] Arvind Gupta, A Tale of Two UN Resolutions on Cyber-Security https://www.vifindia.org/2019/april/24/a-tale-of-two-un-resolutions-on-cyber-security (Last Modified: April 24, 2019 12:00 PM)

[2] Adam Sehgal, The UN’s Group of Governmental Experts on Cybersecurity https://www.cfr.org/blog/uns-group-governmental-experts-cybersecurity (Last Modified: April 13, 2015 9: 15 AM)


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