The Developing Concept of Sovereignty: Considerations for Defence Operations in Cyberspace and Outer Space

Front Cover
This Report provides important insights into an important topic, and I wish to start by congratulating the authoring team on their excellent work. The Report addresses the topic of sovereignty, and in doing so, it takes particular account of sovereignty in the cyber and outer space domains - two domains of great significance for Australia's national interests. It is written with commendable clarity and should serve the needs of strategic planners in Defence as well as strategic policy planners in government more broadly.The Report is extremely timely since the concept of 'sovereignty' has recently gained new life in Australia and around the world not least in the cyber context. Increased tensions with China, a constant flow of fake news, frequent references to cyber-attacks conducted by sophisticated State actors, and public announcements on foreign espionage have placed sovereignty front and centre in the Australian psyche. We are in an era of cyber spies and cyber warriors, and with near-universal dependence on digital information and electronic devices, cybersecurity - both on our planet and in space - has become critically important for society as a whole.The Report makes several valuable recommendations. For example, it observes that Australia must work with its partners and allies to steer the direction of definitions and delineations in international law, including in relation to the centrally important concept of sovereignty. This engagement must, as the Report argues, be broad and multifaceted and include all current formative debates about the concept of sovereignty and its related concepts.It also emphasises the necessity of maintaining Australia's commitment to a rules-based international order, and that ongoing militarisation and threatened weaponisation of space represents a significant national security challenge for Australia and other nations. Further, it notes that the territorial conception of sovereignty is challenged by recent developments. These include threats to sovereignty, such as global terrorism and cyber-attacks, which do not follow territorial boundaries. States can no longer preserve their internal sovereignty solely, or even primarily, by policing their geographical borders.

About the author (2021)

Professor Dan Jerker B. Svantesson is based at the Faculty of Law, Bond University. He is an Associated Researcher at the Swedish Law & Informatics Research Institute, Stockholm University (Sweden), and a Visiting Professor at Masaryk University (Czech Republic). Professor Svantesson specialises in international aspects of the IT society, a field within which he has published a range of books, reports, and articles, and given presentations in Australia, Asia, North America and Europe. Professor Svantesson is an ARC Future Fellow (2012-2016) and was awarded the Vice Chancellor's Award Research Excellence in 2016. He has been identified as the field leader in "Technology Law" in The Australian RESEARCH magazine three years in a row (2018, 2019 and 2020). Rebecca Azzopardi is a PhD candidate at Bond University.Her research is in the area of data law and considers the breadth of data collection and sharing in Australia and the UK for the purposes of national security, with a focus on border protection. Rebecca is a Principal Legal Officer in the Commonwealth government, with expertise in data and information law, privacy and secrecy and has taught constitutional and administrative law at Bond University. She also assisted the Internet & Jurisdiction Policy Network in the production of its inaugural 2019 Global Status Report on cross border legal challenges on the Internet, leading interviews with stakeholder experts and providing research support. Wendy Bonython is an Associate Professor in the Faculty of Law at Bond University. She has post graduate qualifications in law and molecular medicine, and is an admitted legal practitioner. Prior to entering academia she worked for the Commonwealth government in the Department of Defence. Her research and teaching encompasses the intersections of law, ethics and regulation, and technology. She is currently the legal member of the Defence Department of Veterans' Affairs Human Research Ethics Committee. Jonathan Crowe is Professor of Law at Bond University. He is the author or editor of nine books and more than 100 scholarly book chapters and journal articles, primarily on legal philosophy, ethical theory and public law. His recent books include Mediation Ethics: From Theory to Practice (Edward Elgar, 2020) (co-authored with Rachael Field), Natural Law and the Nature of Law (Cambridge University Press, 2019) and the Research Handbook on Natural Law Theory (Edward Elgar, 2019) (co-edited with Constance Youngwon Lee). He is a founding Co-Director of Rape and Sexual Assault Research and Advocacy, an Australia-wide initiative working to shape community responses to sexual violence. He is also the current joint President of the Australian Dispute Resolution Research Network and a former President of the Australasian Society of Legal Philosophy. He co-edits the Journal of Legal Philosophy with Hillary Nye. Steven Freeland is Emeritus Professor of International Law at Western Sydney University, where he was previously the Dean of the School of Law, and Professorial Fellow at Bond University. He also holds Visiting or Adjunct positions at various other Universities/Institutes in Copenhagen, Vienna, Toulouse, Hong Kong, Montreal, Kuala Lumpur, Vancouver and London. Prior to becoming an academic, he had a 20-year career as an international commercial lawyer and an investment banker. He is a Member of the Australian Space Agency Advisory Board and has been an advisor to the Australian, New Zealand, Norwegian and several other Governments on issues relating to national space legislative frameworks and policy. He has represented the Australian Government at Committee on the Peaceful Uses of Outer Space (UNCOPUOS) meetings and has also been appointed by UNCOPUOS to co-chair multilateral discussions on the exploration, exploitation and utilisation of space resources, which will take place in June 2021. He has also been a Visiting Professional within the Appeals Chamber at the International Criminal Court, and a Special Advisor to the Danish Foreign Ministry in matters related to the International Criminal Court. He is a Co-Principal of specialised space law firm Azimuth Advisory and is also a Director of the International Institute of Space Law, and a Member of the Space Law Committee of the International Law Association and the Space Law and War Crimes Committees of the International Bar Association. In addition to co-Editing the Annotated Leading Cases of International Criminal Tribunals book series, he also sits on the Editorial Board / Advisory Board of a number of internationally recognised academic journals. Samuli Haataja is a lecturer at Griffith Law School, Griffith University. His research explores law and emerging technologies with a focus on cyberspace and public international law. He published his book Cyber Attacks and International Law on the Use of Force: The Turn to Information Ethics with Routledge in 2019, and he has published in various international law and technology journals. He is also a member of the Program on the Regulation of Emerging Military Technologies (PREMT) and the Institute of Electrical and Electronics Engineers Society on Social Implications of Technology (IEEE SSIT). Danielle Ireland-Piper is Associate Professor at Bond University. Danielle has an LLM from the University of Cambridge, where she was a Chevening Scholar, and a PhD from the University of Queensland. She is the author of Accountability in Extraterritoriality: A Comparative and International Law Perspective (Edward Elgar, 2017) and Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea (Edward Elgar, 2021), as well as book chapters and journal articles on various aspects of international and constitutional law. Danielle has previously served in various government roles, including at both federal and state levels, and also practiced law in the private sector. Nathan Mark is a Master of Laws Candidate at Bond University. His research looks at the technological and jurisdictional challenges associated with obtaining evidence from transnational digital sources as part of criminal proceedings in the Australian federal jurisdiction. Nathan is also employed as the Principal Solicitor at Aspera Legal & Consulting and has worked as a sessional law lecturer. Prior to embarking on a legal career, Nathan served in the Australian Regular Army for 19 years where he predominately served as a Royal Australian Corps of Signals Officer with the 3rd Combat Signal Regiment and The Special Air Service Regiment.

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