20 March 2025 – Pan-European University
On March 20, 2025, the Faculty of Law at Pan-European University, in cooperation with the Central European Academy and the Central European Professors’ Network, hosted a workshop entitled „States in Cyberspace (Sovereign Equality in Cyberspace)“. Held at the ODEON (lecture room), the workshop meant presentations from three speakers providing for fruitful food for thoughts for 11 active participants.
The workshop aimed to explore the principle of sovereign equality in the evolving landscape of cyberspace governance, including the integration of artificial intelligence (AI) in legal processes, particularly arbitration.
The first presenter, Katarína Šmigová, member of the research group, organiser of the event, and the dean of the Faculty of Law, Pan-European University, welcomed everybody in the name of the Faculty and the CEA. Within her presentation on Sovereign Equality in Cyberspace she examined the application of the principle of sovereign equality within cyberspace focusing on primary sources, such as Article 2 para. 1 of the UN Charter, she emphasized that legally, all states possess equal rights and duties. Despite that she has pointed out that the borderless nature of cyberspace challenges traditional notions of territorial sovereignty because of original understanding of national borders. She also looked into the complexities of enforcing national laws on global internet platforms (presenting the milestone in the Yahoo! Decision). She also pointed out challenges such as cyberattacks, cross-border cyber operations, and conflicting national interests in surveillance and censorship. Katarína Šmigová as a presenter concluded her presentation by asking critical questions about the evolution of international law to address cyber sovereignty and the balance between state sovereignty and global cooperation.
The second presenter, Tuba Eldem, director of the Center for Cyberspace Studies, Fenerbahçe University, Istanbul, a visiting professor, chose a topic of “International Governance of Cyberspace and Cyber Norms” during which she outlined the multi-layered nature of cyberspace, encompassing information technology infrastructures and virtual domains. Highlights of her presentation included recognition of the cyberspace as a domain of warfare, establishment of the Cooperative Cyber Defence Centre of Excellence (CCDCOE) in Tallinn and the increasing militarization of cyberspace. She also presented global cybersecurity governance structures that has been influenced by fragmented approach of the UN, with various committees addressing different aspects of cybersecurity, and the UN Group of Governmental Experts within which 11 voluntary, non-binding norms for responsible state behaviour in cyberspace have been elaborated. Finally, she has pointed out challenges of the governance by sovereign states, e. g. fragmentation of governance models, lack of trust among major powers, disagreements over the applicability of international law, and the rapid evolution of cyber threats. The presenter emphasized the need for inclusive and cooperative approaches to establish effective cyber norms and governance structures.
Dr. Ihab Amro, post-doctoral researcher at the Faculty of Law, Pan European University, explored the theoretical and practical legal questions surrounding the use of AI, specifically machine arbitrators, in rendering arbitral awards. Drawing from his article “The Use of a Machine Arbitrator as an Application of Artificial Intelligence in Making Arbitral Awards” in the Journal of Legal, Ethical and Regulatory Issues, he discussed the potential and challenges of integrating AI into arbitration processes. He started exploring the issue of applicability of AI tools in Online Arbitration.Partially, he also considered legal and ethical challenges of such use that include impartiality, independence, fairness, and the requirement for reasoned awards. Moreover, he presented also regulatory landscape by pointing out some national laws that mandate human arbitrators. Nevertheless, as it was also presented, international rules like the UNCITRAL Arbitration Rules do not explicitly prohibit machine arbitrators. Dr. Amro proposed some recommendations, such as amendment of national laws and institutional arbitration rules to accommodate AI, ensuring ethical AI applications, and initial application of machine arbitrators to small claims to assess efficacy. Dr. Amro concluded that while AI should not replace human arbitrators entirely, it can serve as a valuable tool to enhance efficiency and reduce costs in arbitration.
The workshop raised dynamic discussions among participants, who raised interesting questions and shared diverse experience: they discussed the challenges of establishing universally accepted cyber norms amid geopolitical tensions and how digital sovereignty can coexist with the inherently borderless nature of the internet. Moreover, concerns were expressed about the transparency and accountability of machine arbitrators, as well as their potential impact on the legal profession. These discussions underscored the complexity of governing cyberspace and the necessity for interdisciplinary approaches.
The workshop upon sovereign states and their activities and cooperation in the cyberspace provided a challenging overview and examination of selected issues within the interplay of international law, cybersecurity, and artificial intelligence. The presentations and following discussions highlighted the evolving challenges and opportunities for states in governing cyberspace and integrating AI into legal processes. Key acquired knowledge has included the importance of adapting legal frameworks to address digital sovereignty, the need for collaborative efforts to establish cyber norms, and the potential of AI to enhance arbitration efficiency while maintaining ethical standards.
