Applicability of International Law in Cyberspace: Positions by Estonia and Latvia

Abstract

The study focuses on applicability of international law in cyberspace, particularly on the global processes at the United Nations Committee on Disarmament and International Security and analyses whether and how Estonia and Latvia understand and explain the application of international law to the states’ conduct in cyberspace. The aim of the study is to provide qualitative and comparative analysis on what national positions Estonia and Latvia have on applicability of international law in cyberspace and how these opinions are reflected in their national cybersecurity strategies and national statements. The article assesses the efforts by Estonia and Latvia to promote understanding on how international law applies in cyberspace. These efforts are analysed from foreign policy perspective. The article also argues why it is crucial to promote such an understanding; however, it does not discuss or interpret legal concepts. The article concludes with a comparison of the cases of Estonia and Latvia. The result of the research indicates that Estonia has been more active than Latvia in terms of defining and promoting its official position on applicability of international law in cyberspace. Latvia has not yet provided detailed positions on applicability of international law in cyberspace. Keywords: cybersecurity, cyberspace, international law, international security, international society