A distinguished panel addressed the Effect of the Information Revolution on Public International Law at the 2000 Annual Meeting program of the Section on International Law. Panelists included Joseph W. Dellapenna (Villanova), Henry H. Perritt, Jr. (Chicago-Kent), Anthony D'Amato (Northwestern), and Ruth Wedgwood (Yale).
The internet is profoundly changing not only the speed, but also the nature of international relations among individuals, companies, and governments. Moderator John Rogers (Kentucky) asked the panel to evaluate how the information revolution may change the nature of the public international legal system. Will there be virtual embassies, laws of cyberwar, or a breakdown of the system of territorial allocation of government jurisdiction? Or will the fundamentals of the international legal system endure, just as these fundamentals have survived such technological developments as radio, television, and the nuclear bomb?
Professor Joe Dellapenna (Villanova) explained that, just as the emergence of printing and mass literacy made possible the creation of highly centralized and relatively stable legal systems in nation states, the computerization of law promises another transition in the form of law. He talked about how international law will alter the ends, the means, and most importantly the structure of international law.
Professor Tony D'Amato (Northwestern) examined the fundamental relation between information exchange and the development of international law, using the international law relating to espionage as an analogy. He argued that it is better not to overregulate the internet, but to leave it to a customary international law structure of open communication.
Dean Hank Perritt (Chicago-Kent) characterized the internet both as a "special" technological development because of its inherently global nature, and as a development that is not peculiarly American. The internet, he argued, will facilitate the treaty making process, enhance the effectiveness of non-state players in that process, and improve compliance and enforcement of treaty obligations.
Professor Ruth Wedgwood (Yale) listed a number of ways in which the internet could change the international law process, including decreasing the "democratic deficit," facilitating conference diplomacy, making comparative law more influential, enhancing "soft power," and increasing the influence of scholarly groups like the AALS. She also raised the stimulating hypothetical of internet-based micro-nations.
The moderator led the ensuing discussion, which included questions or comments by David Caron (Berkeley), Jim Nafziger (Willamette), Malvina Halberstam (Cardozo), Valerie Epps (Suffolk), and others. Over 50 people attended the session.
The panel papers will be published in the Kentucky Law Journal.