USLUGE U DIGITALNOM OKRUŽENjU: NOVI ASPEKT MEĐUNARODNOG SUBJEKTIVITETA NEDRŽAVNIH SUBJEKATA?

Abstract

The subject of research in this paper is the possibility of non-state international subjects, corporations, to provide ius ad bellum services in the digital environment, but not only to the States but also to other non-state entities. Ius ad bellum services in the digital environment refer to the ability of the observed entities to get involved in cyberwarfare via services they provide. Cyberwarfare is considered to be equivalent of armed conflicts due to its destructive effects on property, critical infrastructure and human lives. This is the reason to to classify the observed services under activities from the domain of ius ad bellum. The research was framed as such because the digital environment enabled non-state subjects to undertake acts that were traditionally subsumed within the ambit of States subjectivity. The main results of the research elucidated suchlike services provision establishes international relations between non-state entities which is followed by full legislative capacity of the parties. In this way, the international subjectivity of companies was upgraded from passive, which provided them only with duties to respect but not to create international law, to to active subjectivity, which implies their international legislative capacity. Thus, the development of digital services enabled corporations as bearers of passive subjectivity to acquire active international subjectivity or at least developed a new aspect of it.