Cybersecurity and International Law: Challenges and Regulatory Approaches

Authors

  • Melanie O Brien State Administrative Tribunal of Western Australia, Perth, Australia.
  • Jibran Jamshed Associate Professor, Department of Law, The Islamia University of Bahawalpur
  • Muhammad Kashan Jamshaid Anglia Ruskin University, London, United Kingdom.
  • Muhammad Adnan Aziz Lecturer, Department of Law, The Islamia University of Bahawalpur.

DOI:

https://doi.org/10.62585/ilhr.v3i1.120

Keywords:

cyber laws, justice system, international law, cyber security

Abstract

Cybersecurity has become one of the most significant global challenges in the digital age, as it impacts national security, economic stability, and individual privacy. With the increasing prevalence of cyber threats, including cybercrime, data breaches, cyberterrorism, and state-sponsored cyberattacks, the need for robust legal frameworks to regulate cyberspace has never been more urgent. However, international law, which has traditionally been grounded in the principles of state sovereignty and territoriality, faces significant challenges in addressing the unique and transnational nature of cybersecurity risks. This article examines the intersection of cybersecurity and international law, concentrating on regulatory approaches, challenges, and opportunities for reform within existing frameworks. The research highlights the importance of international cooperation in addressing cybersecurity challenges. While the Budapest Convention provides a foundation for cross-border legal cooperation, its limited adoption and scope leave significant gaps in global cybersecurity governance, especially in developing regions. The article also discusses the role of international organizations, such as the United Nations (UN) and Interpol, in promoting cybersecurity norms and fostering cooperation among states. These organisations are crucial in facilitating dialogue and standardising cybersecurity practices, yet conflicting national priorities and a lack of binding legal authority often hinder their efforts. Finally, the article offers several recommendations for future legal developments in international cybersecurity law.

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Published

2024-10-28