A lot has been written about new technologies and the law. Relatively little, however, has been said about the impact of the internet, social net- works and technological developments in general, on the formation and im- plementation of international law – both customary international law and treaties. This represents a substantial gap in the literature and knowledge to date, which this article seeks to address. New technologies have increased the speed but also the quantity and quality of diplomatic exchanges. While virtual diplomacy is now a reality of public life, the author posits that tech- nological development – and most recently digital and so-called emerging technologies (Artificial Intelligence, quantum computing, 5G, etc.) – have borne whole new “territories” where the practice of State and non-State ac- tors is recorded and displayed, but it also exists independently from the physical realm – a phenomenon that has been going on for decades now, that the COVID-19 emergency only, albeit dramatically, precipitated. Online and digital spaces act as both a sounding board for, and an originator of, interna- tional practice for the purposes of the formation of customary rules. Despite the obvious importance of new technologies for the ascertainment of viola- tions of international law, an increased detection of international law breach- es has not generally enhanced the effectiveness of international law. This qualifies, and does not make less significant, the relevance of new technolo- gies also for the implementation of international law.

Progresso tecnologico e fonti di diritto internazionale

A ciampi
2022-01-01

Abstract

A lot has been written about new technologies and the law. Relatively little, however, has been said about the impact of the internet, social net- works and technological developments in general, on the formation and im- plementation of international law – both customary international law and treaties. This represents a substantial gap in the literature and knowledge to date, which this article seeks to address. New technologies have increased the speed but also the quantity and quality of diplomatic exchanges. While virtual diplomacy is now a reality of public life, the author posits that tech- nological development – and most recently digital and so-called emerging technologies (Artificial Intelligence, quantum computing, 5G, etc.) – have borne whole new “territories” where the practice of State and non-State ac- tors is recorded and displayed, but it also exists independently from the physical realm – a phenomenon that has been going on for decades now, that the COVID-19 emergency only, albeit dramatically, precipitated. Online and digital spaces act as both a sounding board for, and an originator of, interna- tional practice for the purposes of the formation of customary rules. Despite the obvious importance of new technologies for the ascertainment of viola- tions of international law, an increased detection of international law breach- es has not generally enhanced the effectiveness of international law. This qualifies, and does not make less significant, the relevance of new technolo- gies also for the implementation of international law.
Consuetudine internazionale; Trattati; Fonti di diritto internazionale; Progresso tecnologico; Internet
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/1077146
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