Title: Future Prospects of Public International Law of Cyberspace
Abstract: Remedies for violation of rights in cyberspace may be available in domestic courts as well as international courts or tribunals, depending on the national law and the competence of such courts/tribunals in question and provided that procedural hurdles are overcome. Increased cybersecurity would mean less room for cyberattacks, cyber espionage, cyber crimes, and cyber terrorism. Closely related to the issue of cybersecurity is cyber deterrence, which has caught the attention of cyberwar studies. Deterrence works on two major elements: fear of retaliation, or punishment, by the defending party, and denial of any benefit to the adversary accruing from the initial attack carried out by the adversary. Secrecy, anonymity and difficulties in attribution in cyberspace together with the asymmetry of cyber capabilities among nation States create a big challenge for the application of the doctrine of cyber deterrence. Interdependence in cyberspace may help deter cyberattack insofar as such attack would also deny the attacker of a worthy benefit from the attack. The right model for cyberspace governance would make cyberspace a peaceful domain in which humankind can share benefits equitably. Nation States and international organizations are not suitable to lead cyberspace governance, which should be left to codes of conduct within the cybertechology industry, with government stepping in only to uphold international and national human rights standards which are sanctionable in courts of law. In any case, “cyber sovereignty”, with a State or a geographical region completely isolated in cyberspace from the rest, is not realistic in fact or in law.
Publication Year: 2017
Publication Date: 2017-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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Cited By Count: 7
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