Are States Interested in the Application of International Law in Cyberspace? HUJI CyberLaw Newsletter Editorial #6
By: Yuval Shany
Welcome to the sixth newsletter of the HUJI CyberLaw Program. Our program focuses on studying the manner in which cyberspace is regulated, what sort of liability is imposed on different actors, and how can the law be effectively enforced. The discussion of such questions in the context of domestic legal system presents myriad challenges due to the incongruity between governmental control over territory and the deterritorialized features of cyberspace, and due to gaps between the regulatory capacity of governmental and private actors (i.e. tech companies). Moving on to the international realm introduces new complications. This is partly because the traditional shortcomings of international law – lack of centralized law-making, paucity of courts with general and compulsory jurisdiction and limited enforcement capabilities – hinder the development and application of international law to new regulatory challenges. Still, a more difficult conundrum presents itself: are states even interested in the application of international law in cyberspace?