The Obligation of the source State in accordance with the principles of international law to prevent of transboundary harm in the digital space

10.2478/bjlp-2022-001138

Authors

  • Prof. Dr. Maha Mohammed Ayoub
  • Assistant. Lecturer. Raed Hameed Salih

Keywords:

source country, good neighbourliness', non-abuse of the right, digital space, digital activities.

Abstract

Sources of international law are the main rules referred to in order to fulfill the
international obligations of persons of international law;Article 38 of the Basic System of the
International Court of Justice indicated the sources applied by the court when adjudicating
disputes before it; in accordance with paragraph (c) of item 1 of the aforementioned article;
the general principles of law adopted by civilized nations are one of the main sources to
which it is referred to in the absence of international conventions or norms through which
persons of international law can be obliged to fulfill and not violate international
obligations;In accordance with those principles established by the civilized nations and
recognized as one of the sources of international law ,One of these principles is the principle
of good neighborliness', one of the international legal principles adopted by the international
community and obliged States to respect it in international dealings with each other in order
to develop international relations among themselves, as approved by the Charter of the
United Nations .The principle of the non-abuse of the right is also an established principle of
international jurisprudence and justice; failure to comply with it violates the rules of
international law

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Published

2022-11-15