This chapter examines the legal status of cyberspace in international law. It claims that cyberspace cannot be sovereign because it lacks those ingredients, such as a ‘people’ and the attendant institutional and legal mechanisms to support such a claim. Instead, states are able to exercise sovereignty and thus jurisdiction over persons, objects and actions in cyberspace because sovereignty, connoting authority and power, is not in principle dependent on territory. The chapter then goes on to discuss the representation of cyberspace as a global commons (res communis) but argues that cyberspace does not satisfy the physical, political and legal conditions to warrant such designation. The chapter concludes by suggesting a global treaty to regulate cyberspace, yet it explains the reasons as to why such a treaty is not possible at this stage.
This chapter discusses the challenges that limited statehood and the emergence of non-state rulers pose to international law and, in particular, to the institution of international responsibility. In order to close the responsibility gaps that emerge as a result of non-state rule in areas of limited statehood, the contribution at hand puts forward a framework according to which non-state rulers could be held responsible for violations of international law. The chapter then goes on to discuss the circumstances under which responsibility can be shared between States and non-state rulers. The overall aim of the suggested framework is to enhance the regulatory power of international law in the face of the at times irregular power exercised by non-state rulers in areas of limited statehood.