ABSTRACT
One of the most significant developments on how to regulate cyberspace must be the recommendation of the third Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UN GGE) in 2013 that international law, and in particular the Charter of the United Nations (UN), is applicable and is essential to maintaining peace and stability and promoting an open, secure, stable, accessible, and peaceful information and communications technologies (ICT) environment. Since then, the applicability of international law, including the UN Charter, to cyberspace, has been generally recognized internationally. The fourth UN GGE in 2015 rather successfully considered how international law applies to the use of ICTs, i.e. cyberspace, by states. However, the right to self-defence and international humanitarian law were roughly in an indirect way stated due to conflicting positions among the members of the UN GGE. The fifth UN GGE in 2017, however, failed to adopt a consensus report mainly due to the disagreement on how international law applies to the use of ICTs by states. The fourth UN GGE previously recognized the need for further study on the right to self-defence in particular. The explicit mentioning the latter and international humanitarian law in particular again became sources of the disagreement among the member of the fifth UN GGE. Although there are strong voices among a certain number of states for a new international agreement applicable to cyberspace, it may take more time until the international agreement for a need of such an international agreement is made. In the meantime, there is a good need to explore the general principles of international law to effectively work for cybersecurity. For this purpose, there is a good precedent: ‘Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations’ (Resolution 26/25 (XXV) (hereinafter, ‘1970 International Law Principles Declaration’) adopted during a commemorative session to celebrate the twenty-fifth anniversary of the UN on 24 October 1970 (UNGA, 1970).
