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Legal instability in cyberspace and OSCE’s mitigation role

Author

Listed:
  • Adina Ponta

    (Faculty of Law, Babes-Bolyai University in Cluj-Napoca)

Abstract

international law to cyberspace, many open questions remain on the concrete interpretation of existing rights and obligations to the cyber realm. In pursuit of its mandate to promote human rights and conflict prevention, the OSCE can play a major role to support operationalization of international law and application of existing principles to cyberspace. This paper examines some key steps in the aftermath of the creation of norms of behavior, and transparency and confidence-building measures. After a brief analysis of the norm-creation process this piece identifies several pressing cybersecurity challenges on the international landscape, and offers suggestions for consolidating the voluntary non-binding norms States agreed upon. Using lessons learned from other domains, the analysis will focus on mechanisms of building further stability and transparency in cyberspace, in particular by reference to the due diligence principle and States’ human rights obligations.

Suggested Citation

  • Adina Ponta, 2021. "Legal instability in cyberspace and OSCE’s mitigation role," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 11(3), pages 411-429, December.
    • Handle: RePEc:asr:journl:v:11:y:2021:i:3:p:411-429
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    File URL: http://www.tribunajuridica.eu/arhiva/An11v3/1.%20Adina%20Ponta%20EN.pdf
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    References listed on IDEAS

    as
    1. John Bailey Jones & Yue Li, 2023. "Social Security Reform with Heterogeneous Mortality," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 48, pages 320-344, April.
    2. Li, Xia & Xie, Chaoping & Grant, Jason & Long, Yanyu & Liu, Yifang, 2020. "China’s Food Security and Its Tariff Rate Quota Reform," 2020 Annual Meeting, July 26-28, Kansas City, Missouri 304639, Agricultural and Applied Economics Association.
    3. John Bailey Jones & Yue Li, 2023. "Social Security Reform with Heterogeneous Mortality," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 48, pages 320-344, April.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    confidence-building measures; norms of behavior; due diligence; cybersecurity; OSCE.;
    All these keywords.

    JEL classification:

    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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