Information Commons

This piece examines the concept of the fragmentation of internet governance, known as the ‘fragmented internet’, and the significant challenges it poses to international treaty law. It analyses how models such as the Russian internet (RuNet) and the Great Firewall of China, as well as regulatory frameworks in liberal democracies—such as US platform regulations and the General Data Protection Regulation (GDPR) in the European Union—contribute to and exacerbate this digital fragmentation. The paper also explores the tension between these competing claims to cyber sovereignty and existing obligations under international law, specifically the International Covenant on Civil and Political Rights (ICCPR) and the General Agreement on Trade in Services (GATS). Furthermore, the piece identifies fundamental institutional shortcomings in the current legal framework, highlighting the limited role played by technical governance bodies, such as the International Telecommunication Union (ITU), the paralysis of trade dispute settlement mechanisms, and the absence of binding enforcement mechanisms for digital human rights. The piece concludes by proposing avenues for normative development regarding the fragmentation of internet governance, calling for the negotiation of new protocols or a dedicated international agreement on digital services and cross-border data flows, in order to protect global information commons and ensure the enforcement of digital rights.