The inherently transnational nature of the web implies obvious difficulties in disciplining it solely by virtue of the public law of individual states or by private contracts. This makes international law a preferred instrument of regulation. Moreover, the fact that the internet has become the main means of communication globally, both on a personal and commercial level, has led to the internet being considered an international public good impinging on many aspects of internationally protected human rights, principally freedom of expression and the right to information. Beyond these concerns, the intrinsic characteristics of the internet – an inseparable and ubiquitous, but landless, fusion of hardware and software – produce notable effects on many substantive rules of international law also outside the realm of human rights (e.g. telecommunications, e-commerce and intellectual property, cloud computing, cyber-war) and has led to the introduction of ad hoc rules or the adaptation of pre-existing ones.
This agora seeks to address how international law can or should protect general interests in cyberspace. Specific topics that can be addressed by papers include: Does the internet or internet governance fit into the legal concept of common heritage of mankind? Is access to the internet a human right? How can we strike the right balance between human rights protection and security in cyberspace? What elements of the prohibition on the use of force and self-defence are applicable to the internet? Should cyberspace be publicly or privately regulated? What proposals could improve internet governance?
Karine Bannelier (University Grenoble Alpes)
Shin-Yi Peng (National Tsing Hua University) “Private Standards in the Context of International Economic Order: Cybersecurity standards as a Case Study”
Yuval Shany (Hebrew University of Jerusalem) “HR in cyberspace: final frontiers for extra-territorial jurisdiction”
Nicholas Tsagourias (University of Sheffield) “Due diligence in cyberspace”