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Cybercrime and the crisis of global governance

28 Jan 2026
2 min

Global Governance Crisis

The current state of global governance is marked by significant challenges, highlighted by the recent developments around the UN's 'Convention against Cybercrime'. This Convention, designed to address cybercrime on a multilateral level, faced substantial division, as evidenced by major countries like India, the U.S., Japan, and Canada not signing it.

The UN's Cybercrime Convention

  • Background and Negotiation:
    • Initiated through a Russian proposal in 2017.
    • Adopted by the UN General Assembly in December 2024 with support from 72 countries.
    • Involved eight formal and five intersessional consultations.
  • Global Reactions:
    • Europeans signed due to its alignment with the Budapest Convention and to participate in global rulemaking.
    • U.S. and civil society groups expressed concerns over broad definitions potentially misused by authoritarian regimes.
    • India engaged in negotiations but did not sign, seeking more control over citizen data, which was not accommodated.

Challenges in Cyber Governance

  • Divisions: The Convention reveals fractures even within groups like Quad and Five Eyes due to geopolitical complexities.
  • Gaps in Legal Principles: There's a disconnect between international legal principles and real-world implementations, allowing broad interpretations of cybercrime that may harm human rights.

Broader Implications

  • AI Governance: Similar challenges seen in AI governance, where universal principles contrast with divergent practices (e.g., India's AI content watermarking rules).
  • Multilateralism Challenges: Current global structures like the UN and WTO face crises, with reliance shifting towards smaller, more focused groups.
  • Polycentrism: Increasing reliance on plurilateral or bilateral agreements, leading to complex state-capacity challenges.

India's Position

  • India must enhance technical capacities to maintain institutional autonomy in global governance.
  • Domestic reforms are crucial for India to effectively engage on multiple international platforms simultaneously.

This analysis underpins the serious crisis in global governance, with implications for countries like India that value institutional autonomy while needing to navigate complex international landscapes.

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Institutional Autonomy

The capacity of a nation's institutions (e.g., regulatory bodies, judiciary) to operate independently and make decisions free from undue external influence or control, especially crucial in areas like data governance and international agreements.

Polycentrism

A system characterized by multiple centers of power or decision-making. In global governance, it signifies a move away from a single dominant actor or institution towards a more decentralized network of agreements and actors.

Plurilateral agreements

Trade agreements negotiated and signed by a subset of WTO members, rather than by all members. These can address specific sectors or issues not fully covered by multilateral agreements.

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