The Regulation of Cyberspace and the Loss of National Sovereignty

Abstract

The modern commercial law grew out of the custom and usages of the merchants, the Law Merchant. Some of these customs were written down, and became a code of international commercial customs. Although the substantive law and procedures of the common law world broadly reflected the international character of trade, it was also influenced by the insular tendencies of the law. This was particularly prevalent during the nineteenth and twentieth centuries.

The advent of modern electronic trade conducted through cyberspace has however meant that the law has once again been required to adopt a more international perspective, through the adoption of international treaties and conventions. This paper looks at the authentication of documents for use abroad, as applied in New Zealand, as an example. From this example it examines some of the implications for national sovereignty of the advent of new international electronic communications laws.

Keywords: cyberspace, sovereignty, globalisation

JEL Classification: K19