Abstract
Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?
Highlights
“Here be lions,” an expression used by ancient cartographers to describe unexplored territories and dangers, would suit cyberspace if it was not merely a virtual domain.[1]
The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace
The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law
Summary
“Here be lions,” an expression used by ancient cartographers to describe unexplored territories and dangers, would suit cyberspace if it was not merely a virtual domain.[1] Cyberspace is characterised as being something more than the internet It is a vast field which affects a variety of human conduct. An individual in a given state can freely enter another state through cyberspace and engage in harmful activities in the latter In furtherance of their commitment to protect cyber borders, nation states can take robust measures to regulate the information technology infrastructure that operates within their domestic territory.[3]. The second part is a discussion on the territoriality and jurisdiction of states over the cyber domain This extends in the third part into the issue of state sovereignty in the context of internet regulation. The question of attribution of responsibility for cyber operations is analysed
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