Jurisdiction in Cyberspace

Countermeasures in Cyberspace

Jurisdiction in Cyberspace

Sino-European Expert Working Group on the Application of International Law in Cyberspace (EWG-IL), Research Group Report 2024

By Tsvetelina van Benthem, Joanna Kulesza, Ye Liu, Nanxiang Sun
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Summary

This report examines the application of the law of state jurisdiction to cyberspace. It highlights how international law empowers states to regulate ICT environments while establishing boundaries to prevent conflicts with other states and uphold individual rights. European and Chinese experts reached a consensus on key jurisdictional issues, emphasizing the need for clarity in the rules of prescriptive and enforcement jurisdiction, the methodology for identifying relevant rules and their processes of change, and the safeguarding of human rights and other international obligations in the exercise of jurisdiction. With recommendations for balancing state authority and global cooperation, this report provides a roadmap for future research and policy discussions in the complex realm of cyberspace regulation.

 

Background

This report has been produced in the context of a larger research and dialogue project: The China Institutes of Contemporary International Relations (CICIR), the EU Cyber Direct, the Geneva Centre for Security Policy (GCSP), and Xiamen University convene a joint Sino-European Expert Working Group on the Application of International Law in Cyberspace (WG IL). The working group provides a platform for exchange among European and Chinese legal experts to examine the application of international law in cyberspace. The main goal of the work in research groups is to provide more thorough analysis of the selected topics and identify points of divergence and convergence between European and Chinese side with the purpose to create more evidence-based and trusted environment for the policy discussions in track 1.5. and track 1 processes.

Tsvetelina VAN BENTHEM, Lecturer in International Law, Diplomatic Studies Programme and Research fellow, Oxford Institute for Ethics, Law and Armed Conflict
Joanna KULESZA, Assistant Professor of International Law and Director of Lodz Cyber Hub Research Center, University of Lodz
Ye LIU, Ph.D candidate of International Law, Research Assistant of Cyberspace International Law Center, Xiamen University
Nanxiang SUN, Associate Professor, Institute of International Law of Chinese Academy of Social Sciences

Disclaimer: The views, information, and opinions expressed in this publication are those of the authors and do not necessarily reflect the positions of the four facilitating organizations or the authors’ institutions, which are also not responsible for the accuracy of the information provided.