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 seek to contribute towards a shared understanding of the concept of sovereignty by succinctly addressing the following six, interrelated, questions: 1. Who can claim to have sovereignty; 2. Over what can one have sovereignty; 3. What are the consequences of having sovereignty over something; 4. Who can violate sovereignty; 5. What is the threshold for violating sovereignty; and 6. 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.