scholarly journals To model of participation of interested parties in governance of the Internet on the international level

2020 ◽  
pp. 90-109
Author(s):  
Nikita Istomin

This article analyzes the model of participation of many interested parties in governance of the Internet, as well as its definition on the international level and within the doctrine. The goal consists in determining the importance and the role of participation of multiple interested parties in the context of Internet governance, and its correlation to the transnational approach in international law. The model of participation of multiple interested parties is predominantly examined as participation in Internet governance of the actors of international law and private entities. The subject of this research is the provisions of summary documents, summits on the highest level regarding the questions of information community, resolution of the UN General Assembly and other branches of the UN system, provisions of acts of other transnational organizations that are dedicated to development of state policy in the area of Internet governance, as well as doctrinal sources covering history of the question. The scientific novelty lies in determination of correlation of the participation of interested parties in Internet governance. It is noted that in the practice of Internet governance there are two clear approaches for implementation of this model: ran by states and international organizations, or one that is ran by private entities. The international legal acts reflect the former approach towards implementation of this model. In accordance with this approach, the work on Internet governance in consultation of state with private entities, allowing private entities as observers, or creation of public-private partnerships aimed at solution of global issues. The leading role of the private sector is advanced by the United States and several other Western nations as an alternative to translational multilateral approach, which contradicts the international legal acts, since the role ICANN as a leader is delegated to private entities, rather than states.

2006 ◽  
Vol 49 (1) ◽  
pp. 281-298 ◽  
Author(s):  
DUNCAN S. A. BELL

This essay surveys recent scholarly work on the political theory of empire and international relations in Britain during the long nineteenth century. It traces the dominant themes and arguments to be found, points to some interpretative and methodological weaknesses, and highlights a number of topics that remain to be explored in detail. I focus on the following: the relationship between liberalism and empire and, in particular, the role played by the idea of civilization in circumscribing liberal claims to universality; the nature and evolution of international law, and the key role that jurisprudential thought played in shaping conceptions of civilization and setting the bounds of legitimacy for imperialism; the vexed relationship between the history of imperial thought and cultural/political history; and the important, though frequently marginalized, role of the colonial empire in the Victorian imperial imagination. Finally, I suggest that areas that remain to be explored in depth include non-liberal visions of international affairs; the role of theology in shaping conceptions of global order; and the balance between the United States, Europe, and the various (and very different) elements of the empire.


2020 ◽  
pp. 1-32 ◽  
Author(s):  
Jordan Branch

Abstract For more than a decade, the United States military has conceptualized and discussed the Internet and related systems as “cyberspace,” understood as a “domain” of conflict like land, sea, air, and outer space. How and why did this concept become entrenched in US doctrine? What are its effects? Focusing on the emergence and consolidation of this terminology, I make three arguments about the role of language in cybersecurity policy. First, I propose a new, politically consequential category of metaphor: foundational metaphors, implied by using particular labels rather than stated outright. These metaphors support specific ways to understand complex issues, provide discursive resources to some arguments over others, and shape policy contestation and outcomes. Second, I present a detailed empirical study of US military strategy and doctrine that traces the emergence and consolidation of terminology built on the “cyberspace domain.” This concept supported implicit metaphorical correspondences between the Internet and physical space, yielding specific analogies and arguments for understanding the Internet and its effects. Third, I focus on the rhetorical effects of this terminology to reveal two important institutional consequences: this language has been essential to expanding the military's role in cybersecurity, and specific interests within the Department of Defense have used this framework to support the creation of US Cyber Command. These linguistic effects in the United States also have implications for how other states approach cybersecurity, for how international law is applied to cyber operations, and for how International Relations understands language and technological change.


Author(s):  
Sarah H Cleveland ◽  
Paul B. Stephan

This introductory chapter serves as a foreword for the volume. It sketches the history of past restatements and the evolution of the latest one. The first (confusingly called Second) Restatement of the Foreign Relations Law of the United States brought widespread attention to the term “foreign relations law.” It staunchly defended the proposition that foreign relations, no matter how imbued with discretion and prerogative, still must rest on law. The Third Restatement, prepared during a period of what to many seemed constitutional retrenchment and a loosening of judicial supervision over public life, offered a robust defense of the proposition that, “In conducting the foreign relations of the United States, Presidents, members of Congress, and public officials are not at large in a political process; they are under law.” Moreover, it insisted that the judiciary, as much as the executive and Congress, creates and enforces this law. To the extent that the Third Restatement rested its claims on its view of the state of customary international law, other influential actors pushed back. The Fourth Restatement revisits the Third’s claims, especially about the central role of the judiciary, in light of the evolution of both U.S. and international law and practice.


2011 ◽  
Vol 16 (1) ◽  
pp. 35-64 ◽  
Author(s):  
Robert D. Bixler ◽  
J. Joy James ◽  
Carin E. Vadala

Natural history has all but disappeared from formal education in the United States. This places the responsibility of introducing people to natural history within nonformal educational settings, with interpretive naturalists taking a leading role. This qualitative study of the life histories of 51 natural history-oriented professionals establishes additional roles for interpretive naturalists interacting with and programming for people with an emerging interest in natural history. Young adults with a strong interest in competency in natural history topics were characterized by having access to a variety of natural environments, social support, opportunities to develop environmental competencies, and accumulation of many and varied environmental experiences that resulted in creation of robust personal and social identities around natural history. Findings suggest that the work of interpretive naturalists is part of an amorphous web of people, places, institutions, and personal experiences that foster an interest in natural history. Of particular importance for interpreters is planning and presenting program-to–program transitions (PTPT) for visitors.


2020 ◽  
Vol 1 (5) ◽  
pp. 26-32
Author(s):  
N. S. FILATOV ◽  

The article is devoted to the study of the concept of the Internet governance model with the participation of stakeholders and its impact on business in regions and countries, as well as to the discussion of sustainable development goals related to Internet governance. Examples of how enterprises suffer from state management methods in this area are presented.


Author(s):  
Nicolette D. Manglos-Weber

This chapter presents the historical and conceptual background to the book’s argument. It starts with a history of Ghana, followed by an analysis of the trends that have led to high levels of out-migration, and then to a description of Ghanaian populations in Chicago. Next, it addresses the concept of social trust in general and personal trust in particular, developing a theory of personal trust as an imaginative and symbolic activity, and analyzing interracial relations through the lens of racialized distrust. It concludes by describing the role of religion in the integration of immigrant groups into the United States and the particular religious frameworks that characterize Charismatic Evangelical Christianity in Ghana.


Author(s):  
Thomas Kleinlein

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.


Author(s):  
Dan Jerker B. Svantesson

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.


Author(s):  
Dan Jerker B. Svantesson

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.


1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.


Sign in / Sign up

Export Citation Format

Share Document