International law and jurisdiction in cyber space

Jun 14, 2021International Law Applies to (and in) Cyberspace With few exceptions (most notably, the Budapest Convention on Cybercrime and the not-yet-in- 
Jun 14, 2021International law structures relations among states and other international stakeholders (most notably international organizations) through 
Jun 14, 2021Many states lack the personnel or resources to understand the issues involved in applying international law to cyberspace. Thus, a threshold 
The principle of sovereign equality of States is also applicable to cyberspace. Within their territories, States have jurisdiction and the right to exercise authority within the framework of international law. At international level, States are independent and enjoy sovereign equality in relation to other States.

What is cyberspace jurisdiction?

There are several tests that determine cyberspace jurisdiction in the cases of cybercrime

This test is applicable where both or any of the parties are outside the territorial jurisdiction of the court

In the landmark judgment in Washington v International Shoe Company, this theory was evolved by the US Supreme Court


Which law is applicable to the borderless world of cyberspace?

The question of which law is applicable to the borderless world of Cyberspace always arises before the Governments, Judiciaries and Legislatures

[ 2] In the normal trend the authority of the Sovereign power is limited in a sphere and termed as Jurisdiction to enable it exercise its power within that sphere

×Cyber Jurisdiction or Jurisdiction in Cyber Space is the extension of principles of international jurisdiction into the cyberspace. Cyberspace has no physical (national) boundaries, and it is an ever-growing exponential and dynamic space. The need for legal regulation in cyberspace is clear, however, its cross-border, remote and opaque nature pose certain difficulties. This article discusses the legal issues of defining jurisdiction in cyberspace, examines the various approaches of different countries and related high-profile court cases.


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