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Carmen Moldovan: Limits of International Law in a limitless Cyberspace...

Abstract: The aim of this paper is to address the asymmetry between the constant dynamic of Cyberspace (taking into consideration its special features and possible definitions) and the slow development of special International Law rules in this regard. However, the paper submits that there is not a normative gap and will explore the results of the research work of different bodies and expert groups in this regard especially the special working groups created within the United Nations and NATO. As a result of recent legal developments concerning Cyberspace, it is generally accepted that International Law is applicable to cyber operations, yet there are no indications on how this process is happening. And this is one of the greatest challenges of International Law at the moment. Technology and Cyberspace are in fact subject of limited State regulations due also to their constant and highly dynamic development. Cyberspace is a highly explored and used environment; and the normative need is justified. However, one cannot dispute that the law is always post factum and although it appears difficult to adapt to new and existing situations, the process is more difficult taking into consideration that the rules should apply for the future and in this regard, the only certainty is the continuous evolution of Cyberspace.

Key words: sources of International Law; Cyberspace features; jurisdiction; responsibility.

 


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