Cyberspace as a Common Heritage of Mankind: Governing Normative Limitations of the Internet by Virtue of International Law

Abstract

Cyberspace, which consists of a global web of linked networks and computers, transcends the traditional concept of sovereignty, inviting a multi-disciplinary approach and an inklusive policy-making strategy. The international architecture of cyberspace connects with the real world with geographical servers and governments, as well as the material effects of the development of international law. As a result, the nature of cyberspace governance has become international. This article will reflect on the phenomena of common space areas under international law and employ a retrospective and normative approach to analyse the applicability of the common heritage of mankind (CHM) principle to cyberspace. The doctrinal approach taken in this research is within the conceptual framework of de lege ferenda. Cyberspace possesses a similar philosophical foundation to the seabed, Antarctica, and outer space. As a legal consequence, cyberspace must exclusively be used for peaceful purposes, demilitarized, and all activities must be carried out for the benefit of all humankind. Conclusively, as the Internet changes at a revolutionary pace – expanding the size of cyberspace – the law must also respond adequately. This research proposes an answer for such adequacy, fundamentally built on the conceptions and virtue of international law, featuring the CHM principle for cyberspace governance.