Digital borders and beyond : establishing normative grounds for cybersecurity and sovereignty in international law

Balarabe, Kasim (2025) Digital borders and beyond : establishing normative grounds for cybersecurity and sovereignty in international law. Computer Law & Security Review, 58. ISSN 2212-4748

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Abstract

In the rapidly evolving digital age, the confluence of cybersecurity threats and the assertion of digital sovereignty by states has created a complex, multi-dimensional challenge for international law. The existing legal regimes governing state behavior in cyberspace are fragmented, outdated, and ill-equipped to address the novel, intangible, and interconnected nature of the digital domain. This article examines the gaps and limitations in the current international legal frameworks and proposes a dynamic, adaptable approach to establishing a normative foundation for cybersecurity and digital sovereignty. The article highlights the urgent need for clear definitions and categories of cybercrimes and cyberwarfare under international law, as well as the development of appropriate legal responses and enforcement mechanisms. It also explores the tensions between state sovereignty and global Internet governance, proposing a balanced framework that upholds both the legitimate security interests of states and the fundamental principles of human rights, transparency, and multistakeholder collaboration. Central to the article's argument is the call for a flexible, evolutionary architecture of international cybersecurity law, capable of keeping pace with rapid technological advancements and the ever-changing threat landscape. This framework should incorporate mechanisms for continuous improvement, effective attribution and accountability, and the active engagement of international organizations and multistakeholder initiatives. The article further emphasizes the critical role of geopolitical challenges in shaping the development of international cybersecurity norms. It advocates for a nuanced, pragmatic approach that acknowledges the competing interests and values of different state actors while striving to find common ground and build trust through dialogue and cooperation. In an era of increasing digital interconnectedness and the erosion of traditional borders, this article presents a compelling case for the adaptation of international law to address the complex realities of the digital age. It offers valuable insights and recommendations for policymakers, legal experts, and scholars seeking to navigate the uncharted territories of cybersecurity and digital sovereignty in the 21st century.

Item Type: Article
Keywords: Cybersecurity | Digital sovereignty | International law | Cybercrimes | Cyberwarfare | Multistakeholder | collaboration
Subjects: Social Sciences and humanities > Business, Management and Accounting > Management of Technology and Innovation
Social Sciences and humanities > Decision Sciences > Information Systems and Management
Physical, Life and Health Sciences > Computer Science
Physical, Life and Health Sciences > Environmental Science, Policy and Law
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 13 Aug 2025 10:28
Last Modified: 13 Aug 2025 10:28
Official URL: https://doi.org/10.1016/j.clsr.2025.106180
URI: https://pure.jgu.edu.in/id/eprint/9980

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