Author:

Abstract:

Cyberspace is a contested environment of inter-State competition. In the clash between the ‘free internet’ and ‘cyber sovereignty’ camps, Russia’s recent announcement of its plan to completely (temporary) disconnect itself from global cyberspace stands out as a case in point. Publicised as a “test in preparation of a global cyber emergency”, the exercise aims to check the State’s capabilities to route the traffic between Russian citizens and organisations entirely inside its territory. This paper argues that such isolated ‘cyber enclaves’ epitomise a growing uncertainty in inter-State relations in cyberspace which could escalate existing tensions. Failure of this exercise could lead to the disruption of large parts of (Russian) cyberspace and catastrophic (economic) consequences in both its internal and external affairs. The paper draws parallels between cyberspace and other spaces beyond national jurisdiction (eg, outer space and high seas), as global commons, on one hand, and airspace, on the other, as subjected to the principle of complete and exclusive sovereignty. It conceptualises cyberspace as an asset protected by a community interest, independent from its underlying infrastructure, to argue that States have obligations towards the international community to guarantee cyberspace’s open architecture, protect cyber environment and promote its equitable utilisation as a shared resource. Considering the erosion of the Westphalian notion of sovereignty, it argues that cyber ‘closures’, much like airspace closures, are all too often incompatible with international law, induce uncertainty in international relations and create new vectors of escalation and room for disproportionate countermeasures.