Protection of Digital Infrastructures in Areas Beyond National Jurisdiction in International Law

Abstract

In this master’s thesis, a bifocal approach is applied in order to investigate international law aspects related to the protection of digital communications infrastructures in areas beyond national jurisdiction. The two focal areas are the international law of the sea and the international law of outer space, respectively. With regard to the law of the sea, the current protective legislation is analyzed, alongside its shortcomings and two suggestions on how to strengthen the current protection. In the international law governing outer space, there is currently no corresponding legislation designed to protect digital infrastructure: With regard to this area of international law, analogy reasoning, drawing inspiration from the law of the sea regime, is used in order to crystallize elements relevant to consider when developing such rules. After discussing the material legal aspects, the author briefly sheds light on the challenges connected to practical implementation of multilateral treaties in the present law-making climate.