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‘An Attack on Maersk Strikes Everywhere at Once’: International law and the Political Economy of Digitalization

In June 2017, the Danish shipping giant Maersk faced a monumental crisis that highlighted both the fragility of modern digital infrastructure and the centrality of information technology to global capitalism: a targeted cyberattack against Ukraine spiraled into a worldwide outage, crippling Maersk’s information technology systems and halting operations in ports across the globe. With 4,000 servers and 45,000 PCs wiped out, the company was unable to process shipping orders until systems were restored, freezing revenue from several of the company’s shipping container lines for weeks. Maersk faced losses of around $300 million, while the total costs of the outage, which similarly affected numerous other companies, amounted to $10 billion. For international legal scholars, NotPetya became a popular case study of how international law addresses security risks arising in cyberspace. However, the incident also reveals just how reliant the global capitalist economy of today is on digital technologies. As one of the largest shipping companies in the world, Maersk operates almost 15 per cent of global shipping. In this blog post, I…

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Navigating France’s Views on Sovereignty in Cyberspace: Why Might France Not Be in the “Sovereignty-As-A-Rule” and in the “Pure Sovereignty” Camps

Since 2013, States have repeatedly reaffirmed in multilateral institutions that the principle of sovereignty applies in cyberspace, and in particular that “in their use of ICTs, States must observe, among other principles of international law, State sovereignty, sovereign equality” (A/70/174). As more and more states publish their views on the application of international law in…

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When Reinforced Self-Judgment Meets Judicial Review: Insights from Seda v. Colombia

On 27 June 2024, the tribunal in the investment dispute Seda v Colombia delivered a long-awaited award. The decision, hailed by Colombia as ‘historic’, represents the first publicly available award where an investment tribunal accepted the ‘self-judging’ character of a provision within an investment agreement. Additionally, it is the first public award to dismiss an entire…

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Critical Maritime Infrastructure and the Regime of the EEZ: A Blank Cheque for Saboteurs?

In April 2023, Scandinavian journalists uncovered that Russia was running a large-scale programme to spy on offshore wind farms, submarine cables and pipelines, and other infrastructure in the North and Baltic Seas. Security experts say the activities are likely to prepare the ground for sabotage. Foreign Policy commented: “Russian…

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The Australia-Tuvalu Falepili Union Treaty: Security in the face of climate change … and China?

On 9 November 2023, Australia and the Tuvalu signed the world’s first climate resettlement treaty. Tuvalu is a Pacific Island State of only 26 square kilometres in area, with over half its population living on the atoll of Funafuti. It has a mean elevation of less than 2 metres above sea level and is profoundly threatened by climate…

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