Paperback
Research Handbook on International Law and Cyberspace
2nd edition
9781035316854 Edward Elgar Publishing
This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.
More Information
Critical Acclaim
Contributors
Contents
More Information
This revised and expanded edition of the Research Handbook on International Law and Cyberspace brings together leading scholars and practitioners to examine how international legal rules, concepts and principles apply to cyberspace and the activities occurring within it. In doing so, contributors highlight the difficulties in applying international law to cyberspace, assess the regulatory efficacy of these rules and, where necessary, suggest adjustments and revisions.
More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation.
This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.
More specifically, contributors explore the application of general concepts and principles to cyberspace such as those of sovereignty, power, norms, non-intervention, jurisdiction, State responsibility, human rights, individual criminal responsibility and international investment law and arbitration. Contributors also examine how international law applies to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war as well as the meaning of cyber operations, cyber deterrence and the ethics of cyber operations. In addition, contributors consider how international and regional institutions such as the United Nations, the European Union, NATO and Asia-Pacific institutions and States such as China and Russia approach cyber security and regulation.
This Research Handbook is an essential resource for scholars of international law, international relations and public and private law as well as for legal practitioners and policymakers.
Critical Acclaim
‘Tsagourias and Buchan have successfully brought together some of the world''s best legal thinkers on cyber issues to address the domain''s most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.’
– Eric Talbot Jensen, Brigham Young University, US
‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’
– Duncan B. Hollis, Temple University School of Law, US
– Eric Talbot Jensen, Brigham Young University, US
‘With cyber security rising to the top of nation States’ national security concerns, understanding the legal “rules of the road” for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.’
– Duncan B. Hollis, Temple University School of Law, US
Contributors
Contributors: Kai Ambos, Constantine Antonopoulos, Louise Arimatsu, Karine Bannelier, Giacomo Biggio, Russell Buchan, Eric De Brabandere, Paul A.L. Ducheine, David P. Fidler, Carlo Focarelli, Terry D. Gill, Kathleen Heath, Christian Henderson, Steven Hill, Zhixiong Huang, Philipp Kastner, Ido Kilovaty, Uta Kohl, Outi Korhonen, Marja Lehto, Ekaterina Markovich, Frédéric Mégret, Eric Myjer, Hitoshi Nasu, Iñaki Navarrete, Peter B.M.J. Pijpers, Marco Roscini, Neil C. Rowe, Ben Saul, Sergey Sayapin, Nicholas Tsagourias, David Turns, Ramses A. Wessel, Yaohui Ying
Contents
Contents:
Preface xiv
Introduction to the Research Handbook on International Law and Cyberspace 1
Michael N. Schmitt
PART I CYBERSPACE AND GENERAL PRINCIPLES OF
INTERNATIONAL LAW
1 The legal status of cyberspace: sovereignty redux? 9
Nicholas Tsagourias
2 The rise of cyber norms 32
Marja Lehto
3 Mapping power in cyberspace 46
Outi Korhonen and Ekaterina Markovich
4 Jurisdiction in network society 69
Uta Kohl
5 The international law of cyber intervention 97
Ido Kilovaty
6 State responsibility in cyberspace 113
Constantine Antonopoulos
7 Cyberspace and human rights 130
David P. Fidler
8 International criminal responsibility in cyberspace 152
Kai Ambos
9 International investment law and arbitration in cyberspace 181
Eric De Brabandere
PART II CYBER TREATS AND INTERNATIONAL LAW
10 Cyber terrorism and use of the internet for terrorist purposes 204
Ben Saul and Kathleen Heath
11 Cyber espionage and international law 230
Russell Buchan and Iñaki Navarrete
12 International legal dimensions of cybercrime 252
Philipp Kastner and Frédéric Mégret
PART III CYBER ATTACKS AND THE JUS AD BELLUM
13 The notion of cyber operations 271
Paul A. L. Ducheine and Peter B. M. J. Pijpers
14 Cyber operations as a use of force 296
Marco Roscini
15 Self-defence in cyberspace 316
Carlo Focarelli
16 Cyber-peacekeeping and international law 344
Nicholas Tsagourias and Giacomo Biggio
17 Some thoughts on cyber deterrence and public international law 365
Eric Myjer
PART IV CYBER WAR AND THE JUS IN BELLO
18 Distinctive ethical challenges of cyberweapons 387
Neil C Rowe
19 Classifying cyber warfare 405
Louise Arimatsu
20 Is the principle of distinction still relevant in cyberwarfare? From
doctrinal discourse to States’ practice 426
Karine Bannelier
21 International humanitarian law applied to cyber-warfare: precautions,
proportionality and the notion of ‘attack’ under the humanitarian law of
armed conflict 456
Terry D. Gill
22 Cyber war and the law of neutrality 470
David Turns
PART V REGIONAL AND INTERNATIONAL APPROACHES TO
CYBER SECURITY
23 European law and cyberspace 490
Ramses A. Wessel
24 NATO and the international law of cyber defence 508
Steven Hill
25 Russian approaches to international law and cyberspace 524
Sergey Sayapin
26 Chinese approaches to cyberspace governance and international law in
cyberspace 546
Zhixiong Huang and Yaohui Ying
27 Cyber security in the Asia-Pacific 563
Hitoshi Nasu
28 The United Nations and the regulation of cyber-security 581
Christian Henderson
Index
Preface xiv
Introduction to the Research Handbook on International Law and Cyberspace 1
Michael N. Schmitt
PART I CYBERSPACE AND GENERAL PRINCIPLES OF
INTERNATIONAL LAW
1 The legal status of cyberspace: sovereignty redux? 9
Nicholas Tsagourias
2 The rise of cyber norms 32
Marja Lehto
3 Mapping power in cyberspace 46
Outi Korhonen and Ekaterina Markovich
4 Jurisdiction in network society 69
Uta Kohl
5 The international law of cyber intervention 97
Ido Kilovaty
6 State responsibility in cyberspace 113
Constantine Antonopoulos
7 Cyberspace and human rights 130
David P. Fidler
8 International criminal responsibility in cyberspace 152
Kai Ambos
9 International investment law and arbitration in cyberspace 181
Eric De Brabandere
PART II CYBER TREATS AND INTERNATIONAL LAW
10 Cyber terrorism and use of the internet for terrorist purposes 204
Ben Saul and Kathleen Heath
11 Cyber espionage and international law 230
Russell Buchan and Iñaki Navarrete
12 International legal dimensions of cybercrime 252
Philipp Kastner and Frédéric Mégret
PART III CYBER ATTACKS AND THE JUS AD BELLUM
13 The notion of cyber operations 271
Paul A. L. Ducheine and Peter B. M. J. Pijpers
14 Cyber operations as a use of force 296
Marco Roscini
15 Self-defence in cyberspace 316
Carlo Focarelli
16 Cyber-peacekeeping and international law 344
Nicholas Tsagourias and Giacomo Biggio
17 Some thoughts on cyber deterrence and public international law 365
Eric Myjer
PART IV CYBER WAR AND THE JUS IN BELLO
18 Distinctive ethical challenges of cyberweapons 387
Neil C Rowe
19 Classifying cyber warfare 405
Louise Arimatsu
20 Is the principle of distinction still relevant in cyberwarfare? From
doctrinal discourse to States’ practice 426
Karine Bannelier
21 International humanitarian law applied to cyber-warfare: precautions,
proportionality and the notion of ‘attack’ under the humanitarian law of
armed conflict 456
Terry D. Gill
22 Cyber war and the law of neutrality 470
David Turns
PART V REGIONAL AND INTERNATIONAL APPROACHES TO
CYBER SECURITY
23 European law and cyberspace 490
Ramses A. Wessel
24 NATO and the international law of cyber defence 508
Steven Hill
25 Russian approaches to international law and cyberspace 524
Sergey Sayapin
26 Chinese approaches to cyberspace governance and international law in
cyberspace 546
Zhixiong Huang and Yaohui Ying
27 Cyber security in the Asia-Pacific 563
Hitoshi Nasu
28 The United Nations and the regulation of cyber-security 581
Christian Henderson
Index
