Principle of the Sovereign Equality of States in the Digital Realm

Ch. 6. P. 91–105.

Rusinova V.

The starting point of the research is that two main approaches to the normativity of the principle of respect for sovereignty (denying or recognizing it) converge on the need for international law-making, while there is no relevant rule per se that can be applied to information and communication technologies (hereinafter: ICTs). After having discussed the major problems which arise on the way to crystallizing a special rule (based on the principle of the sovereign equality of states), the author offers to find a solution in the use of the functional theory of sovereignty. Pursuant to this theory, the state is endowed with multiple powers and competencies protected by international law. Accordingly, state competencies are not based on international law but are the subjective right of states to exercise their authority within the limits recognized by international law. This theory helps to shift the focus from delineating “cyber boundaries” to the implementation of specific functions. Moreover, from this point of view, sovereignty over ICTs does not imply the exclusive exercise of sovereignty, allowing areas protected by this principle to overlap and coexist with respect to different states. Finally, this approach focuses on the rights of states in their own territory and abroad but does not oblige them to refrain from activities which may infringe on the sovereignty of other states.

Keywords: cyberspace, information and communication technologies (ICT), sovereign equality of states, territorial sovereignty, non-intervention in internal affairs

In book

Digital International Relations

Adamchuk N., Andreeva N., Arzumanova L., Baykov A., Bolgov R., Gnevasheva V., Grigoriev D., Rusinova V., Elena Zinovieva Palgrave Macmillan, 2023.