Internet penetration in Montenegro stands at 83%, while analysis indicates that internet usage increased by 10,000 users (+2%) from 2021 to 2022. [x] As an EU candidate country, Montenegro has strived to align itself with the EU’s cyber priorities and recent strategic documents like the 2018-2021 Cybersecurity Strategy and its 2013-2017 predecessor represent a firm indication of this ambition. In the past five years, however, the Montenegrin government and media outlets have increasingly seen themselves sitting at the bullseye of numerous malicious cyberattacks, suggesting “synchronised action” on the part of several state and non-state actors. [x] A 2022 digital maturity assessment commissioned by the European Bank for Reconstruction and Development and conducted by e-Governance Academy found Montenegro to have only a “basic” level of digital maturity in seven dimensions, including “financing digitalisation, level of digital skill, and access to services”. The same assessment found that the “right conditions” had been generated for the purposes of digitalisation, but implementation fell short. These conditions included “political will and support, the legal framework, digital infrastructure and interoperability, digital identity/signature and security”. Montenegrin policymakers now perceive an increased need to transform their stated strategic goals into concrete action.

Nigeria is Africa’s most populous country with a population of 211 million people. Nigeria also has the continent’s largest economy, with a total GDP of $440 billion. Nigeria only emerged as Africa’s largest economy in 2014, overtaking South Africa after a GDP rebasing exercise which accounted for the contribution of emerging sectors of the economy, such as the Information and Communication Technology (ICT) sector. Nigeria’s economy had hitherto been petroleum dominated. In Q4 2021, the ICT sector of the economy contributed 15% to GDP, compared to 5% for the oil and gas sector. The percentage of people who use the Internet in Nigeria is 28%, largely through mobile networks. 91% of the population is covered by a mobile network (i.e. 74% by at least a 3G network and 41% by at least a 4G network). Huawei and ZTE have been responsible for constructing major parts of Nigeria’s broadband network (4G, LTE and 5G). Mobile phone subscription coverage is 99% of the population. Active mobile broadband subscription is 42% of the population, while fixed broadband connection is negligible, under 1%. Nigeria has 6 international submarine cables bringing at least 40TB capacity to its shores. There are 7 Internet Exchange Points (IXPs) in Nigeria with 71 peering networks. NigComSat-1, a communications satellite, made possible by cooperation between Nigeria and China, was launched in May 2007. Nigeria has plans to purchase 2 more communications satellites by 2025. Nigeria banned cryptocurrencies in 2021, but floated perhaps Africa’s largest digital currency the e-naira the same year. Despite the cryptocurrency ban, it is still in use in the country although hosted in foreign accounts.
The European Union is a significant partner in Nigeria’s cyberspace. For example, through its EU-Nigeria Digital Economy Package (Global Gateway Initiative), the EU plans a 820 million Euros investment to support Nigeria’s digitalisation strategy through digital infrastructure investments, digitalisation of public services, digital entrepreneurship, digital skills, and digital governance. However, the EU faces strong competition from China, whose investment in Nigeria’s telecommunications sectors is estimated to be $US 16 billion. China also helped manufacture and launch Nigeria’s Communications Satellite and has an equity stake in the parent satellite communications company. Huawei has been an important partner of the Nigerian government in building smart cities and e-government applications in an effort to improve government public services. Nigeria’s cyberspace is governed by several agencies including the Nigerian Communications Commission (NCC) and the National Information Technology Development Agency (NITDA).

Japan is a trusted partner and shares the same basic values of human rights, rule of law, and democratic governance. This common set of values also applies to cyberspace as both the EU and Japan have publicly expressed strong support for an open, free and secure internet and the application of international norms to state activities in cyberspace. Japan is also an important trading partner of the EU. The recently adopted Economic Partnership Agreement also reinforces the need for a closer integration of the digital economies. Alignment in broader international economic and political issues is also evident in the field of cyber diplomacy and thus constitutes a strong foundation for close cooperation and partnership.

Recalling its EU candidate status, the first substantive session of the 2021-2025 UN Group of Governmental exports (UNGGE) saw Montenegro aligning itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Montenegro has also consistently aligned itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

Nigeria’s stance on international law in cyberspace is primarily shaped by its traditional concern over the growing proliferation of global cybercrime. Nigerian diplomats have emphasised the need for a proper legal framework that reflects the ideals and current trends within the African region. Nigeria has neither signed nor ratified the African Union (UN) Convention on Cybersecurity and Personal Data Protection. Less has been said, however, about the application of international law in cyberspace more generally. However, On 6 July 2022, Nigeria acceded to the Council of Europe Convention on cybercrime. The Convention entered into force in Nigeria on 1 November 2022.

Japan has highlighted the importance of promoting the rule of law in cyberspace, noting that cyberspace “should not be a lawless zone”. It further endorses the applicability of international law, in particular the UN Charter, in the cyber domain. In relation to the use of countermeasures, it has stated that it is not necessary for countermeasures to be limited to the same means as internationally wrongful acts. 
Japan has cautioned against the launch of “premature” discussions on developing a legally binding new instrument, arguing that the adoption of such an instrument might “roll back” the achievement of past multilateral efforts in confirming the applicability of existing international law in cyberspace. Instead, Japan believes that it is necessary to consolidate, elaborate, and clarify the interpretation of existing treaties and content of customary international law. 
During the drafting phase of the 2021 Open-Ended Working Group (OEWG) Report, Japan had proposed to include language explicitly affirming the applicability of State responsibility for internationally wrongful acts, the inherent right of self-defence recognized under the UN Charter, and International Humanitarian Law.

At the first substantive session of the 2021-2025 UNGGE, Montenegro aligned itself with the EU’s position that the “previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus” form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x].

Nigeria has been an active participant in the OEWG, contributing to the 2021 consensus report. Nigeria’s position acknowledges the applicability of existing international laws in cyberspace and supports the call for the operationalisation of the 11 Norms of responsible behaviour in cyberspace to address its current challenges. Nigeria also upheld the conclusions of the final report of the GGE: that the precedence set by the 2021 OEWG should be a baseline for international cooperation because of the inclusive nature of stakeholder participation.

In multilateral fora, Japan has frequently emphasised the need to implement voluntary and non-binding norms of responsible state behaviour in cyberspace. The country believes that any discussion on norm-building should exclusively occur on the basis of the 11 norms affirmed within the 2015 UNGGE Report; possible new norms should be “carefully scrutinised” so as to avoid any change to these 11 norms or duplication with them. 
Japan also strongly opposes the adoption of additional legally binding obligations, maintaining that such an endeavour would take a very long time whereas the evolution of technology is extremely fast-paced. Instead, countries should work on parallel mechanisms for capacity-building, raising awareness, and promoting a common understanding of norms.

The new Cybersecurity Strategy 2022-2026 aims to improve effective mechanism for responding to cyber incidents and response to cybercrime. The new strategy recognises the establishment of a new body Cyber Security Agency which will be umbrella institution when it comes to cyber security. The CIRT team will be transferred to the new Agency. The 2018-2021 Cybersecurity Strategy explicitly establishes a “reliance” on European and Euro-Atlantic conceptualisations of cybersecurity and resilience. The Strategy points to the EU’s 2016 NIS Directive as the primary source of inspiration, notably in its requirements for the adoption of a national cybersecurity strategy, the definition of relevant authorities, and the creation of a Computer Incident Response Team (CIRT). Indeed, since 2012, the Montenegrin CIRT represents “a central point for coordinating prevention and protection against computer security incidents on the Internet and other IT security risk for the area of Montenegro”. The Strategy also features a dedicated section on cyber defence, highlighting the country’s alignment with NATO targets (E 6202 N). In expanding cyber defence capabilities, the document notes that “special attention will be paid to harmonisation with regard to the standardisation of concepts, methods, policies, and procedures in line with the accepted European and international standards”. It also pledges the country to a set of goals: (1) definition and protection of critical information infrastructure; (2) strengthening the resilience of information systems to incidents; and (3) performing analysis of threats to IT infrastructure. Montenegro completed a bilateral ICT cooperation agreement with Thailand in 2013, while it is also a member of the CAMP initiative, the platform where members “prepare themselves with collective actions to keep cyberspace safe” through training, joint exercises, and dialogues.

In the International Telecommunication Union (ITU) Cybersecurity Index 2020 which measures commitment to cybersecurity amongst its members , Nigeria ranked 47^th in the world, and 4^th within the African region. In 2021, Nigeria published the updated National Cybersecurity Policy and Strategy, which lays out detailed cybersecurity obligations for different private sector and public sector actors in critical national information infrastructure (CNII) protection and resilience within a context of multiple stakeholders. The National Cybersecurity Policy and Strategy, together with the Cybercrime Act, are the major policy instruments governing cybersecurity in the country.
The Global Cyber Security Capacity Centre (GCSCC) at Oxford University, in 2018, reviewed the maturity of cybersecurity capacity in Nigeria at the behest of the Office of the National Security Adviser (ONSA), using the Cybersecurity Maturity Model (CMM). Nigeria’s CMM report indicated a maturity stage of either start-up or formative stage (maturity stages 1 and 2 out of 5 stages) for the majority of factors, suggesting opportunities for investment. The United Kingdom has pledged some of this necessary investment, with Nigeria set to benefit from a £22 million investment package which aims to support resilience in Africa and the Indo-Pacific region.

Resilience constitutes one of the central objectives of Japan’s 2018 Cybersecurity Strategy, whose core components include international cooperation in sharing expertise and coordination of policies, incidence response, and cyber capacity-building (CCB). Japan has traditionally argued that global initiatives are required to reduce cybersecurity vulnerabilities and has advocated for a tailor-made approach that takes into account the national situation of recipient countries and the importance of national ownership. 
Japan recognises the ‘trickle-up’ effect of national initiatives, stating that CCB “not only improves the capabilities of the recipient country, but also directly leads to enhanced security and stability in cyberspace as a whole”; in that sense, it disfavours the understanding of CCB as a “common but differentiated responsibility”, believing that such a view “does not fit the context” of international cyber cooperation. As a result, the country has assumed a balanced approach to CCB. On the one hand, it has successfully utilised multilateral fora such as the G7 and G20 summits to promote its own normative standards. 
At the G7 Ise-Shina Summit in May 2016, for instance, Japan introduced the Ise-Shima Principles, which included the enhancement of cooperation on CCB. On the other hand, Japan considers its own security and that of its nationals as intrinsically tied to the cyber capabilities of developing countries, since attacks on the IT infrastructure of regional partners can adversely affect Japanese trade. Japan has thus acted primarily through ASEAN to promote regional capacity-building efforts.

Montenegro is a party to the Council of Europe-sponsored Budapest Convention, ratifying it in 2010. In February 2013, Montenegro signed the regional Declaration on Strategic Priorities against Cybercrime, which “identified strategic priorities” that largely reflect the spirit and content of the Budapest provisions. [x] The 2018-2021 Strategy lists several developments that have contributed towards strengthening the capabilities of law enforcement authorities in dealing with cybercrime: these include the establishment of a dedicated High-Tech Crime Group within the Ministry of Interior, while the National Security Agency is making “significant efforts aimed at creating normative and operational mechanisms for fighting against cybercrime and espionage”. [x]

Many thanks to Ms Ana Minevski for her valuable comments.

The Nigerian 2020-2030 National Digital Strategy, which is in line with the African Union Digital Transformation Strategy 2020-2030, emphasises the significance of adopting ‘collaborating approaches’ to fighting cybercrime; it specifically notes that ‘cybersecurity is not a local issue and it requires collaboration with relevant institutions around the globe’. In 2019, the country voted in favour of UNGA resolution 74/247, which established an Ad Hoc Committee to draw up an international convention on cybercrime. The Nigerian position paper prior to the launch of the first substantive session noted the ‘urgent need to define and sanction criminal conduct in cyberspace, improve synergy in trans-national policing capabilities, improve procedural tools and reform/enhance international cooperation, whilst respecting human rights’. In its capacity as a member of ECOWAS, Nigeria has participated in several socialisation-based capacity-building initiatives, including the OCWAR-C project, the GLACY+ workshops and the African Forum on Cybercrime (organised by the African Union).

According to Japan’s 2018 Cybersecurity Strategy, the country is committed to “further [promoting] international partnership through international investigative cooperation and information sharing with international organisations, law enforcement agencies and security information agencies in foreign countries.” 
Japan is a party to the Budapest Convention on Cybercrime and mutual assistance treaties (MLAT), voting against the Russian-sponsored UNGA resolution calling for a new binding cybercrime treaty. Japan has pursued dialogues related to cybercrime cooperation in the context of ASEAN, as well as on a bilateral basis with countries like the UK, USA, and Australia.