This monograph offers a structured and comprehensive examination of the intersection between technology and public international law, guiding readers through a range of topics and perspectives that highlight the challenges and opportunities presented by the rapid advancements in the digital age. The conference monograph is divided into seven chapters, each focusing on a specific area of public international law. These chapters provide in-depth analysis and insights into the implications of new technologies on the respective aspects of international legal norms and frameworks.
Chapter I, Humanitarian Law, is divided into two parts. Firstly, Michael J. Pollard examines the debate over autonomous weapons systems (AWS), particularly armed swarming drones, and the lack of a broadly agreed definition for AWS. His article underlines the potential breach of International Humanitarian Law if swarms are directed to target individuals based on specific characteristics. According to his view, when interpreted in good faith, AWS deployments may be regarded unlawful under Article 51(5)(b) Additional Protocol I to the Geneva Conventions. This is followed by Triantafyllos Kouloufakos, who addresses the vulnerability of critical infrastructure to cyberattacks, emphasizing the challenges in safeguarding them under international law. It investigates potential pathways, with an emphasis on the due diligence obligation of no harm and the non-intervention principle. The first section investigates the no-harm principle’s relevance beyond international environmental law, proposing adaptations for usage in cyberspace. The second section delves into the rule prohibiting intervention, analyzing the issues of applying coercion and domaine réservé to cyberspace and proposing modification to overcome these difficulties.
Chapter II, International Justice, consists of two contributions. In the first, Mohamed Gomaa provides an analysis of the impact of digital transformation (DT) and information and communication technology (ICT) on the efficiency of judicial systems worldwide, particularly in response to the challenges posed by the COVID-19 pandemic. The research involves cross-sectional data analysis of 40 countries, considering parameters such as the number of judges, budget, and disposition time. The findings reveal a significant positive correlation between the use of DT/ICT and improved access to justice. In the second contribution, Marcin Gudajczyk raises concerns about the growing reliance on digital technologies and the internet, leading to an increase in cybercrime. He argues that the challenges of obtaining electronic evidence stored in other jurisdictions necessitate the introduction of new cross-border judicial cooperation mechanisms, such as direct requests to foreign digital service providers. Special attention is paid to the Regulation of the European Parliament and Council on European Production Orders and European Preservation Orders, adopted in July 2023, presenting its mechanisms for securing digital evidence and addressing potential controversies and threats in terms of international fair trial standards and human rights protection.
In a diversified Chapter III, Environmental and Space Law, first contributor, Lucia Bakošová, reflects on the need for legal regulation in the era of Industry 4.0, focusing on the specific difficulties brought by artificial intelligence (AI), especially its possible influence on human rights and accountability. The manuscript examines the evolution of international human rights law, including the recognition of the right to a clean, healthy, and sustainable environment in 2022, and evaluates whether current or proposed international norms regulating AI consider this newly acknowledged right. She is followed by Juraj Panigaj, who addresses the intricate relationship between technology and international legal protection of biological diversity. The paper provides insights into the potential contributions, challenges, and risks associated with technology in the context of international environmental law while also putting existing treaty law under scrutiny and considering the adaptability of legal frameworks to rapid technological advancement. The chapter is rounded up by Charles Ross Bird, who focuses on the prohibition of national appropriation in outer space, exploring the current legal landscape, including the Artemis Accords. Based on interpretation of Article 2 of the Outer Space Treaty through the Vienna Convention on the Law of Treaties, he arrives to the conclusion that national appropriation only applies to states rather than private actors.
The assorted Chapter IV, Region-specific Issues, is divided in three parts. In the first section, Pavlína Krausová explores the transformative role of technology in the tax administrations of developing countries amid the global shift towards digital economies. She demonstrates how modern digital tax systems can not only improve revenue collection and compliance but also contribute to equitable taxation and sustainable development and concludes that the integration of tax and technology in terms of revenue collection should be mindful of protecting individual taxpayers’ rights, especially in the realm of cyber-security. The second, provided by Oshokha Caleb Ilegogie, focuses on the intersection of Artificial Intelligence (AI) and healthcare and potential benefits and issues of implementing such a system in developing countries. He emphasises the need for collaboration among policymakers, healthcare professionals, and technology experts to establish a proper regulation of AI to ensure it contributes to a just promotion of the right to health while addressing potential risks. Finally, Nikolas Sabján examines how new technologies and digitalization have affected sanctions law, specifically focusing on EU cyber sanctions as a specific response to digitalization. He provides an analysis of the EU cyber sanctions regime, discusses international legal aspects, particularly immunity law, and reflects critically on recent academic work in the field, concluding with insights into the consequences of digitalization on sanctions law.
Chapter V, Cyber-crimes, also follows a three-part structure. The chapter opens with the contribution of Robert Łasa, who examines the difficulties in prosecuting individuals for war crimes committed in cyberspace, focusing on the absence of specific legal rules and effective mechanisms for criminal proceedings. He differentiates between state-affiliated units and private individuals, highlighting the challenge of holding hackers accountable when acting under state supervision during armed conflicts. The duo co-contributors, Marek Gerle & Adam Crhák, focus on the significance of the Tallinn Manual in shaping discourse on self-defense and protecting critical infrastructure. They explain the Manual’s interpretations of UN Charter Article 2(4) and Article 51 through a comparative analysis which also considers relevant state positions and emerging customary norms. In the third part, Szymon Skalski provides a critical examination of the current approaches to combating cybercrime, emphasizing the limitations of traditional paradigms in adapting to the dynamic nature of cyber threats. It highlights the shortcomings of enumerating specific offenses and advocates for a shift towards dynamic adaptable legal structures that can quickly respond to new risks posed by the cyberspace.
The penultimate Chapter VI, Cyber-security, and Cyber-defense, explores two currently discussed topics. Agata Starkowska introduces the first topic, where she examines the consequences of violations of international norms in cybersecurity on the case study of the ongoing armed conflict in Ukraine. She further evaluates the sanctions imposed on Russia for breaching cyber-security obligations through an analysis of UN Charter provisions and reports from UN working groups. Predicting the future role of cyberattacks in modern warfare and the effectiveness of international law in countering cybercrime, she concludes with insights on Poland’s stance and the role of the Cybersec Forum. Secondly, Michał Byczyński’s part concerns infodemia, a phenomenon of quickly spreading false information and deceptive claims that was amplified by the COVID-19 pandemic. Michał elaborates on its impact on human rights and possible strategies for promoting trustworthy information in the public sphere. He further advocates for information hygiene, emphasising the role of international law in combating infodemia with potential utility of AI and machine learning in identifying and countering misinformation.
The collective monograph is concluded with Chapter VII, Human rights, which consists of three contributions. In the first, Foto Pappa addresses the potential societal impact of digital agriculture, highlighting concerns about power asymmetries and inequalities among farmers. She emphasises the necessity of measures such as their involvement in the decision-making to preemptively address risks and proposes examining the human right to science, research, and innovation. Veronika D’Evereux follows with an examination of Israel’s National Artificial Intelligence plan while outlining the legal challenges associated with AI use in the public sector. She explains the issues with the absence of universally accepted legal rules for AI usage, particularly in addressing human rights concerns related to terrorism and security threats. Finally, Aphrodite Papachristodoulou takes an in-depth look at the irregular migration by sea in the Mediterranean and a deadly shipwreck near Pylos, Greece and its human rights implications. She takes a critical stance towards the perceived shift to digital border management, arguing that it exacerbates human rights violations and argues for the adoption of a human rights-based approach to the use of technologies in external border management.