International Internet law

Author: Kulesza Joanna  

Publisher: Routledge Ltd

ISSN: 1478-1158

Source: Global Change, Peace & Security, Vol.24, Iss.3, 2012-10, pp. : 351-364

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Abstract

This article discusses the evolving framework of a new branch of international public law - international Internet law (IIL), the public international law framework for Internet governance. The article presents the genesis of IIL, its principles and perspectives; tackles key challenges to this new interdisciplinary area of research, such as cyber-security, jurisdiction and privacy protection; and draws analogies between IIL and such traditional areas of international public law as environmental law, human rights law and law of the sea. The article presents current proposals of applying international environmental law due diligence standard to state responsibility for cyber-attacks and giving critical Internet resources the Common Heritage of Mankind status. The role of soft law in creating IIL is emphasized and successful examples of its exercise are presented. The article then goes on to elaborate on hard-law proposals for IIL (Internet Framework Convention including a unique multistakeholder model of participation and responsibility) and presents them as the further evolutionary path for IIL.