Publication details
Ne-suverenita v kyberprostoru
| Title in English | Non-sovereignty in cyberspace |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Obchodněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | sovereignty; territoriality; cyberspace; jurisdiction; internet; information technology; legal philosophy |
| Attached files | |
| Description | From a legal philosophical point of view, the essence of sovereignty has long been defined. The sovereign has absolute power for a certain time and place, thus his power is limited by space and time. There can be two sovereign entities at the same time, but in a different territory. In real time, the only possible element capable of separating two sovereigns is space or territory. This concept of sovereign states, defined in real time by their own territories with clear boundaries, proved to be functional in the physical world. However, a problem may arise if the principle of territoriality is to be used to determine jurisdiction on the Internet. In the article, the author deals with the sovereignty of states and the possibilities of how to solve the issue of exercising jurisdiction in cyberspace, while analyzing the current developments and presenting two possible solutions. |
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