The Challenges of International Law-Making for the Use of Information and Communication Technologies

Seminar Overview

Clear and effective rules governing the use of Information and Communication Technologies (ICTs) are paramount, given their ubiquitous role in various facets of human activity.

States heavily rely on ICTs for essential governmental functions such as treasury management, public health, and military defense, as well as for international interactions with other states and private entities. A lack of clarity and ineffective regulation of these technologies in international law can result in irresponsible state behavior, including mass surveillance, support for criminal hacker groups, personal data theft, and cyber military operations that impact civilian data and infrastructure. To encourage responsible state conduct and adapt to technological advancements, clearer rules are imperative.

Over the past two decades, various initiatives have aimed to elucidate how existing international law applies to ICT use. These efforts have occurred in UN fora, academic settings, industry-driven initiatives, and non-governmental organizations. This seminar seeks to evaluate the most significant of these initiatives, analysing their strengths and weaknesses and assessing their impact on state practices in ICT use. Its goal is to derive valuable insights for stakeholders involved in clarifying ICT-related laws.

Additionally, some states and non-state entities advocate for the development of new law in this domain. However, traditional treaty negotiations may be slow and yield compromises that result in ineffective regulations. Conversely, the opacity surrounding state practice in cyber operations complicates the assessment of whether new rules of customary international law have emerged. This seminar aims to outline these challenges and explore methods that combine traditional and innovative approaches to international law-making.

The papers emerging from the seminar have the potential to advance theoretical understanding and guide practical actions for relevant stakeholders, including states, international organizations, the tech industry, and non-governmental organizations.

Key Themes

• Assessing existing initiatives — such as the UN Groups of Governmental Experts, the UN Open-Ended Working Groups, the Tallinn Manuals, and the Oxford Process — for clarifying international law in the context of ICTs.
• Examining the significance of national positions on international law in cyberspace, particularly in the development of new customary law.
• Identifying the challenges in traditional international law-making concerning ICTs, including treaty negotiations.
• Analysing the interplay between various traditional and non-traditional approaches to international law-making, with a focus on maximizing their combined impact.
• Exploring the potential democratic deficit in international law-making and suggestions to overcome it.

For inquiries or further information, please contact the seminar convener, Dr Antonio Coco, at antonio.coco@essex.ac.uk.

Publication Opportunity

After the seminar, authors will have the opportunity to submit full-length papers to the Modern Law Review for peer review. While publication is not guaranteed, this platform provides an opportunity for further dissemination of the research in question.

Programme

You can download the final programme as a pdf.