Autore: Martino, Luigi
Titolo: International Law, State Sovereignty and Competition in the Digital Age
Periodico: Jura Gentium
Anno: 2024 - Volume: 21 - Fascicolo: 2 - Pagina iniziale: 136 - Pagina finale: 164

In the framework of the intersection between technology and national interests, major powers are intensifying their geopolitical competition, with the consequences to politicize the contemporary digital age. One of the main effects of these dynamics is clearly visible in the case of submarine cables, which can play a pivotal role in the transmission of data across borders and serve as space of dispute between super-powers jeopardizing the efficiency of international law. This article examines how in the case of submarine cables the existing international law is affected by national policies related to digital sovereignty with a consequence to exacerbate the geopolitical competition among major powers. By focusing on the strategic approaches of China, the United States and the European Union, the study analyses the legal and political frameworks shaping the deployment and protection of these infrastructures. The main assumption is that the strategic importance of submarine cables is not limited to their technical capabilities, but extends to their role in economic, military, and social exchanges, making them central to geopolitical rivalry in the digital age. This research addresses three key objectives: first, to investigate the interaction between state sovereignty and international legal frameworks governing submarine cables; second, to evaluate the effectiveness of current regulatory measures at the international level in ensuring the free and safe access in the maritime domain of these infrastructures; and third, to provide a comparative analysis of the geopolitical strategies of China, the US and the EU, with a focus on how these strategies reflect broader global competition in the digital domain instead a multilateral partnership as required by the existing international law. The article is structured as follows: the first part provides an overview of the evolution of submarine cables as a strategic infrastructure, including their historical and contemporary significance in global politics. The second part explores the intersection of digital sovereignty and international law, assessing the regulatory challenges that arise as states seek to exert control over these critical systems. Special attention is given to how submarine cables are governed within the maritime domain and the influence of national policies on their operational security with a factual influence also in the face of private actors in the framework of weaponized interdependence. The conclusions are oriented to provide the main results and evidence related to the comparative analysis on the selected case studies




SICI: 1826-8269(2024)21:2<136:ILSSAC>2.0.ZU;2-K
Testo completo: https://www.juragentium.eu/wp-content/uploads/2025/02/JG_2024_2_Martino.pdf

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