Research Handbook on International Law and Cyberspace

9781786437587 Edward Elgar Publishing

Research Handbooks in International Law series

Edited by Nicholas Tsagourias, Professor of International Law, University of Sheffield and Russell Buchan, School of Law University of Reading, UK

Publication Date: 2017 ISBN: 978 1 78643 758 7 Extent: 552 pp

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international law principles to cyberspace such as sovereignty, jurisdiction, state responsibility, individual criminal responsibility, and intellectual property rights. In addition to this, they explore the application of international law rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war and discuss the cyber security policies of international and regional institutions.

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Critical Acclaim

Contributors

Contents

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This timely Research Handbook contains an analysis by leading scholars and practitioners of various legal questions concerning cyberspace and cyber activities. Comprehensive and thorough, it succeeds in mapping out the range of international rules that apply to cyberspace and to specific cyber activities, assesses their regulatory efficacy and offers insightful suggestions, where necessary, for revised standards.

Contributors examine the application of fundamental international law principles to cyberspace such as the principle of sovereignty, jurisdiction, state responsibility, individual criminal responsibility, human rights and intellectual property rights. They explore the application of international rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and to cyber war. They deal with the meaning of cyber operations, the ethics of cyber operations as well as with cyber deterrence. Finally, they comment on the cyber security policies of international and regional institutions such as those of the United Nations, the European Union, NATO and of Asian-Pacific institutions.

This Research Handbook will benefit scholars in the fields of international law, international relations, public and private law. Researchers will find the suggested future research avenues in this field invaluable whilst policy-makers and practitioners will gain fresh insights into topical issues concerning the regulation of cyberspace and of cyber activities.

Critical Acclaim

''Overall, the Research Handbook will appeal to national security professionals, advanced law students, and to international lawyers more generally. The volume is rich in references, as a handbook should be. Among criminologists, it merits the attention of those interested in transnational crime, cyber crime, and state crime. Trans-national cyber crime specialists would be attracted to the chapters relating to jurisdiction and to regional cooperation efforts. . . .International lawyers and cyber security specialists will find this a useful collection of timely analyses. The Research Handbook thus complements the Tallinn Manual on the International Law applicable to Cyber Warfare, and is a useful port of call for those preparing themselves for 21st century conflict. There seems little doubt that the problems identified in the volume are likely to remain on the public agenda and indeed, to intensify, in the months ahead.''
– Peter Grabosky, Criminal Law and Criminal Justice Books

Contributors

Contributors: K. Ambos, C. Antonopoulos, L. Arimatsu, K. Bannelier-Christakis, R. Buchan, P. Ducheine, D.P. Fidler, C. Focarelli, T.D. Gill, K. Heath, C. Henderson, P. Kastner, U. Kohl, F. Mégret, E. Myjer, H. Nasu, A. Rahmatian, M. Roscini, N.C. Rowe, B. Saul, M. Schmitt, H. Trezise, N. Tsagourias, D. Turns, R.A. Wessel, K. Ziolkowski

Contents

Contents:

Introduction

PART I CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW
1. The Legal Status of Cyberspace
Nicholas Tsagourias

2. Jurisdiction in Cyberspace
Uta Kohl

3. State Responsibility in Cyberspace
Constantine Antonopoulos

4. Cyberspace and Intellectual Property Rights
Andreas Rahmatian

5. Cyberspace and Human Rights
David P. Fidler

6. International Criminal Responsibility in Cyberspace
Kai Ambos

PART II CYBER THREATS AND INTERNATIONAL LAW
7. Cyber Terrorism
Ben Saul and Kathleen Heath

8. Cyber Espionage and International Law
Russell Buchan

9. International Legal Dimensions of Cybercrime
Philipp Kastner and Frédéric Mégret

PART III CYBER ATTACKS AND THE JUS AD BELLUM
10. The Notion of Cyber Operations
Paul Ducheine

11. Cyber Operations as a Use of Force
Marco Roscini

12. Self-Defence in Cyberspace
Carlo Focarelli

13. Some Thoughts on Cyber Deterrence and Public International Law
Eric Myjer

PART IV CYBERWAR AND THE JUS IN BELLO
14. Distinctive Ethical Challenges of Cyberweapons
Neil C. Rowe

15. Classifying Cyber Warfare
Louise Arimatsu

16. Is the Principle of Distinction Still Relevant in Cyberwarfare?
Karine Bannelier-Christakis

17. International Humanitarian Law Applied to Cyber-Warfare: Precautions, Proportionality and the Notion of “Armed” under the Humanitarian Law of Armed Conflict
Terry D. Gill

18. Cyber War and the Law of Neutrality
David Turns

PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY
19. Towards EU Cybersecurity: Regulating a New Policy Field
Ramses A. Wessel

20. NATO and Cyber Defence
Katharina Ziolkowski

21. Cyber Security in the Asia-Pacific
Hitoshi Nasu and Helen Trezise

22. The United Nations and the Regulation of Cyber-Security
Christopher Henderson

Index