Abstract
This article explores the relationship between law and more specifically international law with territory and borders and how this relationship manifests itself in cyberspace. It claims that it manifests itself through two processes: a process of territorialisation of cyberspace that is, the application of territorial notions of international law to persons, activities, and objects existing or operating in or through cyberspace and, secondly, in States asserting their sovereignty in cyberspace by creating national cyberspace zones. All in all, its main claim is that borders are still relevant in the legal regulation of cyberspace.
Highlights
Law and borders –geographic or normative - have an intimate relationship
This article explores the relationship between law and more speciically international law with territory and borders and how this relationship manifests itself in cyberspace
The 2013 report of the United Nations Group of Governmental Experts on developments in the ield of information and telecommunications in the context of international security [GGE] a rmed that international law, especially the UN Charter, applies to cyberspace and that State sovereignty and international norms and principles that low from sovereignty apply to State conduct of ICTrelated activities, and to jurisdiction over ICT infrastructure within a State’s territory.[39]
Summary
Law and borders –geographic or normative - have an intimate relationship. One may even say that they share some form of a causal relationship. The 2013 report of the United Nations Group of Governmental Experts on developments in the ield of information and telecommunications in the context of international security [GGE] a rmed that international law, especially the UN Charter, applies to cyberspace and that State sovereignty and international norms and principles that low from sovereignty apply to State conduct of ICTrelated activities, and to jurisdiction over ICT infrastructure within a State’s territory.[39] According to the UN Secretary-General, the recommendations contained in the report “point the way forward for anchoring ICT security in the existing framework of international law and understandings that govern State relations and provide the foundation for international peace and security”.40. This phenomenon can be described as the territorialisation of cyberspace; namely the application to cyberspace of territorialist and, by consequence, of sovereigns notions of authority and law.[43]
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