Features of digital sovereignty: an international legal approach

The article examines the features of digital sovereignty from an international legal perspective. It outlines concept of sovereignty in cyberspace, from viewing cyberspace as independent of traditional state boundaries to modern approaches where states increasingly extend their jurisdiction to the digital domain. Three approaches to digital sovereignty in international law are identified: cyber nihilism (denial of state control in cyberspace), jurisdictional compromise (application of national jurisdiction without asserting sovereignty over the Internet), and digital realism (full extension of state sovereignty to cyberspace). Using examples from Russia’s legislation (the “sovereign Runet” law), China’s doctrine of “cyber sovereignty”, and EU policy (data protection following the Schrems II ruling), the article illustrates the practical implementation of digital sovereignty. It analyzes the international legal framework of digital sovereignty and the practice of international organizations: confirming the principles of sovereign equality and non-interference in cyberspace in UN resolutions, the compromise model of the World Summit on the Information Society, and other initiatives. An analysis of judicial practice (the Court of Justice of the EU and the European Court of Human Rights) shows that the exercise of digital sovereignty is constrained by states’ obligations under international law, especially in the field of human rights. In conclusion, digital sovereignty is becoming an important part of international law, requiring a balance between state control, jurisdiction, and international cooperation in cyberspace.