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date: 21 August 2019

Abstract and Keywords

New digital technologies pose particular problems for regulators. The utility of these technologies is maximized by linking them to the Internet. But Internet technology does not respect national borders, thereby undermining the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders. This has led to the development of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalization and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations, and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world, post-Westphalian governance generates ongoing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.

Keywords: nodal governance, transnational regulation, multistakeholder regulation, private actors, gatekeepers, intermediaries, legitimacy

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