ABSTRACT

However, as the analysis of the regimes according to international relations theory reveals, transnational cybercrime law is uniform in its allegiance to the Westphalian state system, despite the fact that this very link is the cause of most of its shortcomings. As such, the success of such a tactic depends on both ending the ‘clustering’ of approaches to transnational cybercrime regulation and refining the transnational law enforcement capabilities of modern nation states, thereby enabling them to respond uniformly to denationalised threats operating in a borderless environment. Without such uniformity, the ‘disaggregated state’ will likely only succeed in mirroring the failings of the current interstate system of transnational regulation. What this ‘interim assessment’ of the current approach to transnational cybercrime regulation means for transnational law, as well as for the dynamics of global regulation more broadly, will be canvassed below.