Dual Mandate of Digital Leadership or Upholding International Law Within Sovereign Constitutions
摘要
The analysis focuses on the dual mandate of digital leadership in relation to international law and constitutional order, through the lens of monism and dualism theories, alongside emerging hybrid models. Digitalization, through its accelerated trajectory, necessitates a re-evaluation and synthesis of the relationships between international norms and national legislation. Monism, supported by Lauterpacht, asserts the unity of the legal order and the direct integration of international law into national systems. In contrast, the dualism of Triepel and Anzilotti emphasizes the separation between the two legal orders, requiring the transposition of international norms through national legislation. Hybrid models, later developed in the analyses of Cassese and Simma, propose adaptable solutions, avoiding both the absolute subordination of national law and its normative isolation, which, against the backdrop of new technologies, would be catastrophic. The analysis demonstrates that, in numerous states, international law does not exert uncontested authority over constitutions, despite the pressure for adaptation to the digital era. Tensions between data protection, cybersecurity, and legislative sovereignty complicate normative integration, necessitating flexible legal mechanisms. In conclusion, the article proposes a hybrid model of digital leadership, capable of balancing international imperatives with the constitutional autonomy of states. This vision facilitates both compliance with the global legal order and the preservation of national prerogatives, better suited to the dual mandate for upholding international law within sovereign constitutions, for the common good of all humanity.