The relationship between information sovereignty and the state's resilience to national security threats

Abstract

The article is devoted to a comprehensive analysis and definition of the functional format of the relationship between information sovereignty in the conditions of a globalized and virtualized world and the resilience of the state, which arises from its ability to resist threats to national security. The article also aimed to emphasize the importance of strengthening the national cyber resilience system of Ukraine in the conditions of a full-scale war and global digital fragmentation.

To achieve this goal, a systematic approach and comparative analysis methods were used to examine regulatory mechanisms, in particular, data localization, using the example of China and EU countries. The experience of the USA was also involved. Conceptual and functional analysis was used to operationalize the concept of cyber resilience and its dependence on the political and legal sovereignty of the state. Geopolitical analysis helped to examine the impact of cyberspace anonymity on the effectiveness/inefficiency of traditional mechanisms of international law and the complication of attribution of cyberattacks.

The results of the study confirmed that in the context of globalization and hybrid warfare, information sovereignty has moved from a theoretical concept to a necessary component of ensuring the stability of the state, becoming part of national security. Cyber resilience is a synergistic result of the integration of legal protective mechanisms of sovereignty and the technical capabilities of the state. An important challenge remains the dilemma of finding a balance between sovereignty and global cooperation. In particular, control over data flows, which has already been applied in dozens of countries, can lead to fragmentation of cyberspace, increasing the cost of relevant operational measures and limiting access to international cyber defense tools. It is emphasized that the success of countering cyber threats is closely related to the flexibility of the state's legal system, its adaptability to current and potential challenges and threats, and the ability to respond quickly to them.

The anonymity of cyberspace undermines the foundations of the traditional model of sovereignty, requiring states, including Ukraine, to develop new diplomatic and legal instruments to promote the principles of responsibility for cyber aggression.

The scientific novelty lies in substantiating the position that excessive data localization can lead to network fragmentation and restricted access to global protection tools. It is argued that the anonymity of cyberspace nullifies traditional mechanisms of international law, which requires the introduction of new instruments of legal attribution of cyberattacks. Priorities for Ukraine are identified: the formation of a human-centric data protection system (based on the EU model) in combination with flexible mechanisms for diplomatic counteraction to cyber aggression. The need for a balance between strict sovereign control (following the example of the PRC) and integration into global security structures is substantiated.

The conclusions emphasize the need for Ukraine to adopt a balanced approach to the formation of data protection, taking into account the experience of the EU with an emphasis on human-centricity and with the active promotion of Ukraine's interests in the international arena. At the same time, it is necessary to take into account the influence of such powerful players as China, which demonstrates a much more rigid strategy of controlling its information sovereignty and influencing the sovereignty of other states and supranational structures. International cooperation in the development of legal mechanisms for information sovereignty as an important component of national security remains important.