Editing Sovereignty

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It is understood that sovereignty has both an internal and an external component.<ref>Cf. James Crawford, ''Brownlie's Principles of Public International Law'' (OUP 2012) 448.</ref> In the cyber context, the “internal” facet of sovereignty entails that “[a] State enjoys sovereign authority with regard to the cyber infrastructure, persons, and cyber activities located within its territory, subject to its international legal obligations.”<ref name=":3"> [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], rule 2.</ref><ref>Sovereignty over cyber infrastructure derives from the traditional concept of sovereignty, independent of the use of cyberspace. See Wolff Heintschel von Heinegg, '[https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?referer=https://www.google.ee/&httpsredir=1&article=1027&context=ils Territorial Sovereignty and Neutrality in Cyberspace]' (2013) 89 Int’l L. Stud. 123 (noting that '[t]erritorial sovereignty [..] implies that, subject to applicable customary or conventional rules of international law, the State alone is entitled to exercise jurisdiction, especially by subjecting objects and persons within its territory to domestic legislation and to enforce these rules.')</ref>
 
It is understood that sovereignty has both an internal and an external component.<ref>Cf. James Crawford, ''Brownlie's Principles of Public International Law'' (OUP 2012) 448.</ref> In the cyber context, the “internal” facet of sovereignty entails that “[a] State enjoys sovereign authority with regard to the cyber infrastructure, persons, and cyber activities located within its territory, subject to its international legal obligations.”<ref name=":3"> [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], rule 2.</ref><ref>Sovereignty over cyber infrastructure derives from the traditional concept of sovereignty, independent of the use of cyberspace. See Wolff Heintschel von Heinegg, '[https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?referer=https://www.google.ee/&httpsredir=1&article=1027&context=ils Territorial Sovereignty and Neutrality in Cyberspace]' (2013) 89 Int’l L. Stud. 123 (noting that '[t]erritorial sovereignty [..] implies that, subject to applicable customary or conventional rules of international law, the State alone is entitled to exercise jurisdiction, especially by subjecting objects and persons within its territory to domestic legislation and to enforce these rules.')</ref>
  
As a general rule, each State must respect the sovereignty of other States.<ref>UN GA Res 2625 (XXV) (24 October 1970) (Friendly Relations Declaration), preamble (emphasizing “that the purposes of the United Nations can be implemented only if States enjoy sovereign equality and comply fully with the requirements of this principle in their international relations”); [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], rule 4.</ref> It is clear that a cyber operation with severe destructive effects, comparable to a “non-cyber” armed attack or a use of force against a State, constitutes a violation of its sovereignty; however, with more subtle cyber operations, the question is far from settled.<ref>[https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 4, para 5 and 12.</ref>
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As a general rule, each State must respect the sovereignty of other States.<ref>UN GA Res 2625 (XXV) (24 October 1970) (Friendly Relations Declaration), preamble (emphasizing “that the purposes of the United Nations can be implemented only if States enjoy sovereign equality and comply fully with the requirements of this principle in their international relations”); [https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], rule 4.</ref> It is clear that a cyber operation with severe destructive effects, comparable to a "non-cyber" armed attack or a use of force against a State, constitutes a violation of its sovereignty; however, with more subtle cyber operations, the question is far from settled.<ref>[https://doi.org/10.1017/9781316822524 Tallinn Manual 2.0], commentary to rule 4, para 5 and 12.</ref>
  
 
The following modalities, highlighted in the Tallinn Manual 2.0, represent different ways of determining what a “sovereignty violation” might mean in the context of cyber operations:
 
The following modalities, highlighted in the Tallinn Manual 2.0, represent different ways of determining what a “sovereignty violation” might mean in the context of cyber operations:

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