Sovereignty and its Relation to Primary Rules of International Law: Event Report
On 22 July 2025, BIICL hosted a panel discussion on Sovereignty and its Relation to Primary Rules of International Law, the focus of a newly published BIICL report. The chair for the event was Sir Michael Wood KC, Twenty Essex. Speakers included Dr Jack Kenny, the author of the report; Professor Sir Malcolm Evans, Regent's Park College, Oxford; Professor Martins Paparinskis, University College London; Harriet Moynihan, Blavatnik School of Government, Oxford; and Dr Penelope Ridings, Member, International Law Commission. The panel concluded by taking questions from the chair and the online audience.
The report examines underlying normative issues pertaining to the status and function of sovereignty and its relation to primary rules of international law, as well as related obligations of conduct—often referred to as due diligence obligations. These issues have been brought to the forefront of discussions among states in debates concerning the application of international law to new technologies.
Influenced by arguments made in prominent academic publications seeking to identify primary rules applicable to cyberspace, a number of states have released statements on the application of international law to cyberspace that feature claims concerning the status of sovereignty and of related obligations of conduct. These positions have been influenced by arguments that sovereignty is a singular rule of customary international law which if violated is capable of establishing state responsibility. It has also been argued that international law imposes a general obligation on states to act with due diligence to prevent their territory being used for activity which harms the rights of other states, where this obligation is not restricted or confined to particular forms of activities.
The event was convened by Dr Jack Kenny, Research Leader in International Law, BIICL.
