Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty

Abstract

Abstract Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty, cyber-attacks on critical infrastructure, and the emergence of cyberspace sovereignty. Cyber-attacks targeting key infrastructure can undermine sovereignty by aiding another State’s territorial control. The enforcement of cyberspace legislation, whether regional or intra-State, can infringe upon other States’ sovereignty due to cross-border repercussions. Despite the presence of numerous international and regional regulations, enforcement remains lacking. The concept of cyberspace sovereignty has arisen with technological advancements, signifying a need for digital realm sovereignty. Yet, this form of sovereignty is narrower compared to territorial sovereignty. This article delves into the nexus between international law, State sovereignty, and ICT threats, along with the progression of cyberspace sovereignty. Through qualitative analysis of primary and secondary sources, it examines the application of existing international law in the digital landscape. By scrutinizing these intricacies, the paper endeavors to comprehend the contemporary challenges posed to international law and explore potential resolutions.