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PRINCIPLE OF STATE SOVEREIGNTY IN CYBERSPACE: CONTENT DEFINITION PROBLEMS IN THE CONTEMPORARY INTERNATIONAL LAW

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PDF: Author(s): Lipkina N. N.,
Number of journal: 4(53) Date: November 2020
Annotation:

The article examines the controversial aspects of defining the content of the principle of sovereignty in contemporary international law in its application to public relations in cyberspace. The work analyzes the discussion of the legal nature of the principle of sovereignty in cyberspace in the context of the correlation between the categories “principle of law” and “rule of law”. It also explores the limits of the principle of sovereignty in cyberspace. Separately, the issue of the relationship between the principle of sovereignty and other basic principles of international law is touched upon. The article analyzes the main lines of argumentation used in the science of international law in substantiating the answers to the indicated discussion questions. The corresponding analysis is carried out taking into account the peculiarities of social relations in cyberspace. The conclusions presented in the work are also based on an appeal to the analysis of the official positions of states concerning the content of the principle of sovereignty in cyberspace. According to the research, it is concluded that the principle of sovereignty certainly applies to public relations in cyberspace; however, the question of its specific content in the area under consideration does not find an unambiguous solution in the science of international law and international practice. At the same time, despite the controversial nature of the content, the principle of sovereignty in its application to public relations in cyberspace should have an independent regulatory consequence, and the crystallization of relevant state practice into international norms can contribute to the prompt elimination of legal uncertainty in their activities in cyberspace and provide them with the necessary legal remedies.

Keywords:

cyberspace, principles of international law, sovereignty, the principle of sovereignty, the principle of non-interference in internal affairs.

For citation:

Lipkina N. N. Principle of state sovereignty in cyberspace: content definition problems in the contemporary international law. Business. Education. Law, 2020, no. 4, pp. 275–280. DOI: 10.25683/VOLBI.2020.53.423.