On Sovereignty

Dan Jerker B Svantesson; Samuli Haataja; Danielle Ireland-Piper; Kuan-Wei Chen

doi:10.5817/MUJLT2023-1-2

On Sovereignty

Dan Jerker B Svantesson^*, Samuli Haataja^*, Danielle Ireland-Piper^*, Kuan-Wei Chen^*

^*Corresponding author for this work

Faculty of Law

Research output: Contribution to journal › Article › Research › peer-review

2 Citations (Scopus)

Abstract

The concept of sovereignty is more important than ever in the cyber context, yet it is poorly understood. With this article, we are seeking to contribute towards a shared understanding of the concept of sovereignty by succinctly addressing the following six, interrelated, questions:

Who can claim to have sovereignty;
Over what can one have sovereignty;
What are the consequences of having sovereignty over something;
Who can violate sovereignty;
What is the threshold for violating sovereignty; and
What are the consequences of violating sovereignty?

However, this article is not limited to a descriptive account of the law as it stands today. A purely descriptive account would not provide a full picture of the complex concept of sovereignty, and we have felt it appropriate to enter the territory of law reform options in parts of the discussion.

While sovereignty is a technology-neutral concept and the article addresses it as such, particular attention is directed at sovereignty in the cyber context.

Original language	English
Pages (from-to)	33-85
Number of pages	53
Journal	Masaryk University Journal of Law and Technology
Volume	17
Issue number	1
DOIs	https://doi.org/10.5817/MUJLT2023-1-2
Publication status	Published - Jun 2023

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title = "On Sovereignty",

abstract = "The concept of sovereignty is more important than ever in the cyber context, yet it is poorly understood. With this article, we are seeking to contribute towards a shared understanding of the concept of sovereignty by succinctly addressing the following six, interrelated, questions: Who can claim to have sovereignty; Over what can one have sovereignty; What are the consequences of having sovereignty over something; Who can violate sovereignty; What is the threshold for violating sovereignty; and What are the consequences of violating sovereignty?However, this article is not limited to a descriptive account of the law as it stands today. A purely descriptive account would not provide a full picture of the complex concept of sovereignty, and we have felt it appropriate to enter the territory of law reform options in parts of the discussion.While sovereignty is a technology-neutral concept and the article addresses it as such, particular attention is directed at sovereignty in the cyber context.",

author = "Svantesson, {Dan Jerker B} and Samuli Haataja and Danielle Ireland-Piper and Kuan-Wei Chen",

note = "Funding Information: * This research was supported by the Australian Government through a grant by the Australian Department of Defence. The views expressed herein are those of the authors and are not necessarily those of the Australian Government, the Australian Department of Defence, or the universities or other institutions the authors are afliated with. † [email protected], Profes,FsoarcuolLftya,wBonUdniv,eArsuistytralia ‡ s.haataja@grifth.edu.au, Senior Lecture,rGrtifhLaSwchoGorlti,fhUniv,eArsuistytralia § [email protected], Associate Profes, sNoratioSneaclurCitoyllege, Australian National University and Honorary Adjunct Associate Profes, sFoarcuolfty La,wBonUdniv,eArsuistytralia ¶ [email protected], Senior Research Assistant/PhD Candidate, Faculty of La,wBonUdniv,eArsuistytralia Publisher Copyright: {\textcopyright} 2023 Authors. All rights reserved.",

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N2 - The concept of sovereignty is more important than ever in the cyber context, yet it is poorly understood. With this article, we are seeking to contribute towards a shared understanding of the concept of sovereignty by succinctly addressing the following six, interrelated, questions: Who can claim to have sovereignty; Over what can one have sovereignty; What are the consequences of having sovereignty over something; Who can violate sovereignty; What is the threshold for violating sovereignty; and What are the consequences of violating sovereignty?However, this article is not limited to a descriptive account of the law as it stands today. A purely descriptive account would not provide a full picture of the complex concept of sovereignty, and we have felt it appropriate to enter the territory of law reform options in parts of the discussion.While sovereignty is a technology-neutral concept and the article addresses it as such, particular attention is directed at sovereignty in the cyber context.

AB - The concept of sovereignty is more important than ever in the cyber context, yet it is poorly understood. With this article, we are seeking to contribute towards a shared understanding of the concept of sovereignty by succinctly addressing the following six, interrelated, questions: Who can claim to have sovereignty; Over what can one have sovereignty; What are the consequences of having sovereignty over something; Who can violate sovereignty; What is the threshold for violating sovereignty; and What are the consequences of violating sovereignty?However, this article is not limited to a descriptive account of the law as it stands today. A purely descriptive account would not provide a full picture of the complex concept of sovereignty, and we have felt it appropriate to enter the territory of law reform options in parts of the discussion.While sovereignty is a technology-neutral concept and the article addresses it as such, particular attention is directed at sovereignty in the cyber context.

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On Sovereignty

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