Soft Law for the Internet, Lessons from International Law

Abstract

This article begins with the international legal environment and the differences between international law and domestic law. Although the state is still the central subject of international law, the sovereignty of the state has been under challenge since the latter part of the 20th century. Developments in international law have resulted in the opening of the legal system of the international community to entities beyond the state. The inclusion of non-state actors in a system of international governance may provide lessons for the governance of the international “virtual” environment. Much current thinking about Internet law is either of the “Grand Internet Treaty” variety, in which the online environment is a simple extension of the territory of a state, or sees the Internet as a libertarian “lawless” environment, unhindered by any restrictions. These views are examined and the nature of the law of the Internet considered in light of the lessons from international “soft” law.