The Role of the Internet in International Law-Making, Implementation and Global Governance

Abstract

This paper delves into influence of the internet on international law and global governance, a phenomenon that increased incrementally over the last decade before the COVID-19 emergency precipitated it. It posits that the digital world birthed whole new 'territories' where the practice of states and other actors is recorded and displayed, but it also exists independently from the physical realm. With respect to law-making, the internet acts as both a sounding board for, and an originator of, international practice. New technologies and social networks have also certainly increased the availability of information to governments and the public regarding violations of international norms. Yet, they have created a new – online – environment in which internationally wrongful acts can be committed. This further qualifies, yet does not make less significant, the relevance of the internet for the implementation of international law. The paper further submits that technological power has become a fundamental force of leverage in global governance, akin to economic, military, and political might for states and a wide range of non-state actors alike. Big Tech companies and other corporations but also civil society, social and political groups, and individuals are all potential stakeholders participating formally and informally (or to be included) in the sharing of power. Notwithstanding the difficulty to articulate a concept that comprehensively rationalises the impact of the internet on the processes and structures of international law and governance, the paper highlights a gap between the theory and practice of international law and offers a contribution in this direction.