9.
We encourage states to share views on the application of international law to cyber space and
national practice of relevance hereto. At this point we believe that focus should be on clarifying
the application of existing international law to cyber space, and do not see the need to embark
on the establishment
of new
binding
international
legal instruments
specifically aimed
regulating cyber space. Denmark holds the International Law Commission
at
in high regard and
recalls the many foundational contributions it has made to the development and codification of
international
law.
At
this
point,
however,
we
remain
uncertain
as
to
whether
recommendations/a request for putting the topic of application of international Jaw to ICTs on
the ILCs work program would be the best way of advancing work on this issue, considering the
variety of discussions taking place in other fora, the degree of available state practice and the
already heavy work program of the ILC.
D. Rules, Norms and Principles
10. We welcome the recall of the consensus resolution 70/237, which calls upon States to be guided
in their use of ICTs by the 2015 GGE report, including the 11 voluntary, non-binding norms.
However, there was broad agreement among Member States on the need for these norms to
be implemented. As such, we recommend a stronger reflection of this in the text of the “predraft” report.
While we recognize Member States have not been particularly specific on how to
ensure this implementation, the report could benefit from proposals of a more concrete nature.
We therefore hope the proposal submitted by Australia and Mexico with a broad range of cosponsors (including Denmark) will be well received.
11, We recognize the ICT environment has changed dramatically since the last report of the GGE in
2015. Nevertheless, for now, we believe the world does not need additional norms. Instead,
what we need is states adhering to the ones we already have. This was expressed by several
delegations
(including
Denmark)
during
the
last
OEWG-session
and
should
therefore
be
reflected, While not excluding the possibility for negotiating new norms further down the road,
we
believe
focus
of
the
current
OEWG
should
remain
on
promoting
awareness
and
understanding of the existing norms and support their operationalization, including through the
sharing of best practices in implementation.
E. Confidence-building Measures
12. We welcome the initiative to establish a mechanism to share best practices on Confidencebuilding Measures (CBMs). We welcome consultation with relevant regional bodies on how to
leverage ICT related CBM
implementation to the global level. However, duplication of efforts
should be avoided where possible.