8. Canada affirms that international law applies to the activities of every State in
cyberspace. This includes the United Nations Charter (UN Charter) in its entirety
and customary international law.Footnote 7 Canada recognizes the obligations of
every State flowing from the principle of sovereignty to: refrain from the threat or
use of force; settle disputes peacefully; and refrain from intervention in the internal
affairs of other States. Canada further recognizes the obligations arising, in a nonexhaustive manner, from international human rights law (IHRL), international
humanitarian law (IHL) and in relation to the law of State responsibility.
9. Canada supports agreed voluntary, non-binding norms for responsible State
behaviour in cyberspace,Footnote 8 as a complement to international law, and
continues to promote their implementation by all States.Footnote 9 Such voluntary
norms do not replace or alter States’ binding obligations or rights under international
law: they provide additional specific guidance on what constitutes responsible State
behaviour.Footnote 10
Sovereignty
10. Sovereignty is a fundamental element of international law and international
relations. It is axiomatic that the principle of sovereignty applies in cyberspace, just
as it does elsewhere. It animates a number of obligations for all States.
11. In the relations between States, sovereignty signifies independence. It confers to
each State the exclusive right to exercise the functions of a State within its
territory.Footnote 11
12. This concept is also reflected in Canadian jurisprudence where Canada’s highest
court found that “sovereignty” referred to “the various powers, rights and duties that
accompany statehood under international law…”Footnote 12 and “…one of the
organizing principles of the relationships between independent states”.Footnote 13
13. Territorial sovereignty is a rule under international law.Footnote 14 Every State must
respect the territorial sovereignty of every other State. States enjoy sovereignty over
their territory, including in particular infrastructure located within their territory and
activities associated with that infrastructure. An infringement upon the affected
State’s territorial integrity, or an interference with or usurpation of inherently
governmental functions of the affected State, would be a violation of territorial
sovereignty.Footnote 15
14. In assessing the possible infringement of a State’s territorial sovereignty, several
key factors must be considered. The scope, scale, impact or severity of disruption
caused, including the disruption of economic and societal activities, essential
services, inherently governmental functions, public order or public safety must be
assessed to determine whether a violation of the territorial sovereignty of the
affected State has taken place.
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