Sovereignty in the Digital Age: Examining Foreign Interference in U.S. Elections through the Lens of International and Domestic Law

  • Iwariso Zinami Fyneroad and Oyepho Akeuseph
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  • Iwariso Zinami Fyneroad

    Research Candidate at Rivers State University & Legal Practitioner, Nigeria

  • Oyepho Akeuseph

    Research Candidate at Rivers State University & Legal Practitioner, Nigeria

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Abstract

State sovereignty as the cornerstone of international law and relations, faces unprecedented challenges in the digital age. This article examines the evolving nature of sovereignty through the lens of foreign interference in U.S. elections, with a particular focus on alleged Russian and Chinese activities. By analyzing the intersection of international law, domestic legislation, and emerging cyber norms, this study critically assesses the adequacy of existing legal frameworks in addressing modern threats to electoral integrity. It then explores the specific legal aspect of election interference, comparing and contrasting the approaches reportedly taken by Russia and China. The study delves into the challenges cyber operations pose to traditional notions of territorial sovereignty. Furthermore, this article evaluates international and U.S. domestic legal responses to election interference, highlighting progress and limitations in current approaches. The paper argues that while existing laws provide some tools to combat foreign meddling, they are often insufficient in the face of rapidly evolving cyber threats. The research proposes that a multi-faceted approach, combining legal, technological, and diplomatic strategies, is necessary to safeguard electoral processes in the digital era. Ultimately, this study contends that sovereignty must evolve to meet 21st-century challenges. It advocates for developing clearer international norms governing cyber operations, enhanced cooperation in attributing and responding to election interference, and the cultivation of public resilience against disinformation campaigns. By examining these issues, the article contributes to ongoing discussions on the future of democracy, national security, and international law in an interconnected world.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 09 - 29

DOI: https://doij.org/10.10000/IJLMH.118491

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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