Towards a Public Domain of Cybernetic Space-Time as a Challenge for International Law. About the Cybercommons
摘要
The universality of cyberspace as an international network has introduced new dimensions and even mutations for international law, demanding a reconceptualisation of territorial, jurisdictional, and temporal boundaries. This paper examines the viability and implications of establishing a special ‘public domain’ in cyberspace, where legal norms could operate universally to support transparency, inclusivity, and equitable access, as a kind of metamorphosis of the Commons. Such a framework would allow cyberspace to function as a collective resource, filling gaps in current international regulations and aligning with the principles underpinning other public domains, such as outer space and the high seas. The study discusses theoretical models of the public domain, from Hardin’s ‘tragedy of the commons’ to Ostrom’s ‘governance of common-pool resources’, applied to cyberspace to identify legal mechanisms that could facilitate shared governance without infringing upon state sovereignty or individual rights. The temporal dimension of cyberspace-characterised by immediacy and perpetual access-present challenges for traditional legal systems and requires adaptable legal interpretations to address the continuous digital presence and threats. A potential solution that emerges is that the delineation of an internationally recognised ‘public domain’ in cyberspace could contribute to equitable access, security, and sovereignty in the digital age, advocating for international cooperation that reflects the unique characteristics of digital environments, functioning as an extension of the global commons doctrine.