International Law Reaction to the Dark Web: Why and How

Document Type : Original Article

Authors

1 PhD Student in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Associate Prof., Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.52547/jlr.2022.228204.2275

Abstract

International Law’s Reaction to the Dark Web: Why and How
Farinaz FEIZI (Ph.D. Candidate of International Law, University of Tehran)
AmirHossein RANJBARIAN (Associate Professor of Law, University of Tehran)
Abstract
In the 17th century that with the invention of the microscope, the man realized that the surrounding world is beyond what is exposed to his senses, national and international legal systems in the third millennium are lost facing the invisible part of the Internet (Dark Web) which is an intangible, unknown, important and great phenomenon and hidden behind the veil of anonymity. They have not been able to have a specific, appropriate and comprehensive response. In this article, first of all, the need for international law to pay attention to the dark web has been examined. Then by studying international and regional instruments, interpretations, and legal scholars, the insufficient response of international law to the dark web has been criticized and the existing capacities in international law, like a non-binding instrument, soft law, and international cooperation, have been investigated. In the end, the application of these capacities in the path of achieving realistic legal frameworks of the dark web has been studied.

Keywords