The Сoncept of Сyber Sovereignty of the People’s Republic of China: Development History and Essence

2021 ◽  
Vol 23 (2) ◽  
pp. 254-264
Author(s):  
Ekaterina A. Mikhalevich
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Qualitative Content Analysis ◽  
Legal Framework ◽  
The Internet ◽  
National Interests ◽  
Republic Of China ◽  
Development History ◽  
Common Destiny ◽  
China Development

The transformation of cyber sovereignty into an independent concept is a recent phenomenon, and thus its development and distribution is currently underway, which indicates the relevance of studying this topic. Being one of the most influential actors of contemporary international politics, China uses the concept of cyber sovereignty to promote its national interests and is able to shape the rules in the highly volatile field of international cyberspace. The study is based on quantitative and qualitative content analysis of legal acts and concept of Chinas cyber sovereignty. The author defines a concept of cyber sovereignty and identifies its place in the system of international law and in the architecture of international information security. Chinas concept of cyber sovereignty does not imply the division of a common cyberspace into separate segments but contributes to the creation of a cyber community of a common destiny, in which states can exercise their rights to govern the Internet on the principles of equality, justice, cooperation, peace and rule of law. It is concluded that this concept can be used as the basis for the formation of an international legal framework that regulates relations between states in the field of cyberspace.

scholarly journals An Urgent Suggestion to Pour Old Wine into New Bottles: Comment on “A New Jurisprudential Framework for Jurisdiction”

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 81-85 ◽  
Author(s):  
Cedric Ryngaert
Keyword(s):  
International Law ◽  
Data Protection ◽  
Legal Framework ◽  
The Internet ◽  
Technological Evolution ◽  
International Jurisdiction ◽  
Cross Border ◽  
Data Protection Law ◽  
Informed Reader ◽  
Previous Scholarship

Dan Svantesson is quickly establishing himself as a leading voice in the field or jurisdiction. Coming to this field from Internet and data protection law, he is surely well placed to criticize the current legal framework of international jurisdiction in light of technological evolution, which has made territoriality lose its salience as the cornerstone of jurisdiction. I myself have recently been characterized as one of the border guards of territoriality, on the basis of my earlier monograph on Jurisdiction in International Law. Accordingly, the informed reader might believe that I will severely criticize as iconoclastic such a proposal as Svantesson’s namely, doing away with territoriality as the very linchpin of jurisdiction. As it happens, however, I largely concur with Svantesson’s ideas, at least to the extent they apply to cross-border transactions via the Internet. In this contribution, I argue that the reality of a de-territorialized Internet necessitates jurisdictional rethinking, but that this rethinking in fact heavily relies on previous scholarship, predating the Internet era. The advent of the current era, however, has lent particular urgency to those earlier proposals.

International Regulation of the Internet

2019 ◽  
Author(s):  
Antonio Segura Serrano
Keyword(s):  
International Law ◽  
New Technology ◽  
Legal Framework ◽  
Point Of View ◽  
The Internet ◽  
Internet Governance ◽  
Public And Private ◽  
International Regulation ◽  
Long Run ◽  
Human Rights Norms

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.

The Legal Basis for Bilateral and Multilateral Police Deployments

2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Framework ◽  
State Law ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Host State ◽  
Legal Regimes ◽  
Domestic Law

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.

Coexistence and Cooperation in International Law

1965 ◽  
Vol 18 (1) ◽  
pp. 82-91 ◽  
Author(s):  
Richard J. Barnet
Keyword(s):  
International Law ◽  
Legal Framework ◽  
The Political ◽  
Political Scientist ◽  
National Interests ◽  
Moral Principles ◽  
Peaceful Settlement ◽  
Political Assassination ◽  
Distribution Of Power ◽  
Settlement Of Disputes

The political scientist and the politician of our day both tend to be skeptical of international law. The political scientist, who is interested in studying the distribution of power, sees in the classic rules of international law neither an adequate description of the conduct of states nor an effective prescription for ordering national conduct. The politician, who is interested in the exercise of power, finds it difficult to realize what he considers vital national interests within the traditional legal framework. Both scholars and practitioners apparently feel that the older rhetoric of international law—nonintervention, peaceful settlement of disputes, the law of war—is to a great extent irrelevant to a world in turmoil. Bombings without declaration of war, illegal reprisals, campaigns of political assassination, and military intervention to crush internal revolt are accepted as part of the backdrop of world conflict. It seems increasingly clear that the classic rules of international law and the basic political and moral principles on which they rest are now used less and less by the great powers even as points of reference. Nothing sounds more old-fashioned than Secretary Stimson's remarks of less than forty years ago, in advising against the establishment of a national intelligence service, that “gentlemen don't read each other's mail.”

THE DESOVEREIGNIZATION OF THE STATE: DEVIATION FROM THE PRINCIPLES OF INTERNATIONAL LAW OR AN OBJECTIVE NECESSITY

2018 ◽  
pp. 68-77
Author(s):  
Aleksey Vladimirovich Kondratyev ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
The State ◽  
State Sovereignty ◽  
Limiting State ◽  
National Interests ◽  
The Rule Of Law ◽  
Economic Support ◽  
The Right ◽  
Stable Development

We examine processes of desovereignization and the loss of a state political subjectivity. Noted the necessity of research and analysis of state sovereignty in the context of globalization and threats to international peace, which affect the degree of independence of the state and require the search for legal and political levers to protect the monolithic right of the state to independence, inviolability and non-interference in internal affairs. Has been made an attempt to search for detect and establish acceptable grounds for limiting state sovereignty. It is established that the voluntary restriction of sovereignty with the transfer of powers to supranational entities has constructive consequences in the form of good-neighborly cooperation, financial and economic support of states from international financial institutions, etc. In cases where, in order to establish the rule of law, protect human rights and freedoms and under other good intentions, the policy of the state is interfered with by both the organs of the international community and individual states that have endowed themselves with the right of “international arbiter”, fears for the stable development of national states increase. It is concluded that any limitation of sovereignty should not lead to interference in the national interests of the state and to the loss of political and legal independence.

scholarly journals CYBER WARFARE AND INTERNATIONAL CYBER LAW: WHITHER?

2020 ◽  
Vol 58 (3) ◽  
pp. 23-37
Author(s):  
Miodrag N. Simović ◽  
◽  
Živorad Rašević ◽  
Vladimir M. Simović ◽  
◽  
...  
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
The Internet ◽  
Cyber Warfare ◽  
Progressive Development ◽  
The Social ◽  
Universal Approach ◽  
Cyber Violence ◽  
Cyber Law

This paper analyses historical, sociological and normative aspects of the cyber violence in international relations and international law, aiming to assess the adequacy of the extant international norms for its regulation. It results with the knowledge on the lack of international cooperation and a universal approach, the instrumentalisation of the internet as a means of warfare, lacunae in the relevant legal framework, and the peril of compromisation of the international law. Since the social jeopardy of activities in the cyberspace is hardly measurable and subjected to highly arbitrary interpretations, the problem of the uncertain peacetime or belligerent legal qualification of cyber activities is exposed. The other serios problem is a high risk from potentially disproportional responses of states to the cyber violence. Especially due to the lack of universal international institutions in the field of cyber, it must be concluded that the international lege lata applicable to the cyber violence is not adequate and sustainable. The progressive development of international cyber law is thus suggested, through the pacification of the internet and the international criminalisation of cyber violence.

scholarly journals The problems of development of the unified normative-legal base in the area of fighting terrorist threats on the global scale

2020 ◽  
pp. 41-50
Author(s):  
Sergei Valer'evich Starkin ◽  
Artem Aleksandrovich Fomenkov ◽  
Nikita Vladimirovich Rakhmanov
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Global Scale ◽  
International Terrorism ◽  
Legal Systems ◽  
National Interests ◽  
United State ◽  
Universal Definition ◽  
Definition Of

The authors examine the main problems regarding the development of international legal framework in the area of fighting terrorism, including the elaboration of the universal definition of the phenomenon of “terrorism” and “international terrorism”. The analysis of legal systems of the leading countries indicates the differences in national legislations in the sphere of fighting terrorism, which creates difficulties on the global scale, since each state has the own representation on this phenomenon, and thus, the means of counteraction. Such gaps in the international law is beneficial for the United State to ensure national interests. The main conclusions lie in the thesis that the global community is currently incapable of developing the unified normative-legal base in the area of fighting terrorism, namely in pertains to consolidation of the universal definition of this phenomenon within the framework of the United Nations. Among the main reasons, the authors highlight the problem of cooperation of the national legal systems on the global scale in this sphere, as well as unwillingness of some countries to fulfill prior commitments.

scholarly journals Hong Kong's autonomy under 'one country, two systems' principle: Challenging the concept of obligation in international law

2021 ◽  
pp. 79-89
Author(s):  
Vesna Ćorić ◽  
Jankov Fernandez
Keyword(s):  
Hong Kong ◽  
National Security ◽  
International Law ◽  
Legal Framework ◽  
Special Administrative Region ◽  
Republic Of China ◽  
Administrative Region ◽  
Two Systems ◽  
One Country Two Systems ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was passed in June 2020 provoking the global outcry. The aim of this paper is to assess the compliance of the said law with the sources of international law, which are most relevant for the assessment of the problematic points of new legislation. In providing the analysis, the paper will not be focused only on the sources of international law, which are currently applicable. Instead, the previous relevant legal framework will also be taken into consideration where appropriate.

scholarly journals The Blizzard of the World: COVID-19 and the Last Say of the State of Exception

2021 ◽  
Vol 96 ◽  
pp. 17-32
Author(s):  
Przemysław Tacik
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Inner Core ◽  
Civil Liberties ◽  
Legal Framework ◽  
International Community ◽  
The State ◽  
State Of Exception ◽  
The Rule Of Law ◽  
The World

The paper aims to grasp the COVID-19 pandemic as a socio-political catastrophe in the Benjaminian sense. As argued in the article, the scope and nature of the COVID-19 crisis eludes us due to our closeness to its inner core. What is obfuscated in this moment is the politico-legal framework on which the international community is based, where sovereignty and turbocapitalism join their forces to produce biopolitical devices. The paper looks into uses of the state of exception in particular countries, concluding that the rule of law in the pandemic was generally put on the back burner even by the countries that officially praise it. Sovereignty clearly returned to the stage, undermining parliamentarism and civil liberties in the sake of necessity. International law remained incapable of addressing this return, let alone of enforcing responsibility of China for infringing WHO rules. As a conclusion the paper argues that COVID-19 opened new-old paths of governing the living that will play a planetary role in the future fights for dominance and imposing a new face of capitalism.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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