Analysis and Assessment of the the performance of the Committee on Disarmament and International Security of the United Nations General Assembly in the Area of International Information Security: Case study of " Government Experts"
Subject Areas : Legal Studies of Cyberspacenasrollah soltani 1 , Mohammad Ali Kafaeifar 2 , Mohammad Reza Hosseiny 3
1 - Assistant Professor
2 - گروه حقوق، دانشکده علوم انسانی، دانشگاه آزاد اسلامی قم
3 - دانشیار گروه حقوق و دیپلماسی دانشگاه عالی دفاع ملی تهران
Keywords: Cyber Security, First Committee, GGE, consensus report,
Abstract :
Less than a century has passed since the emergence of the new generation of international organizations. But in this relatively short period, these institutions have, more or les,s proved their necessity in all fields and arenas of international relations. Undoubtedly, the significant growth of the International Law has happened owing to the existence and nature of international organizations, of which the cyber field is one of the latest. The reports of the government experts, the resolutions of the First Committee and the analysis of the content of the documents aim to produce knowledge and expert understanding of the subject. The approach of this research is inductive. It falls under documentary research category and is based on evidence taken from the study of the documents of the United Nations. The findings of the research confirm that the evasion of responsibility of the actors in this arena, the weakness of the evidence and the inadequacy of the existing rules for finding crimes and the attribution of crime as well as the difficulty of forming legal responsibility in this arena constitute the main reasons for the ineffectiveness of UN rule-making processes including its government experts for creating security in the cyber space. The result is the increased trend of insecurity in this space. On the other hand, the visible and hidden competitions of the big cyber powers and their influence in the various organs of the United Nations have prevented this organization from achieving much success in its global mission to systematize the cyber space. Meanwhile, the negative role and performance of the United States government and the lack of real attempts on the parts of the international community are of the outstanding factors of the ineffectiveness of this organization in facing the issues and problems of the cyber space
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