Russell Buchan - Böcker

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.

The international dispute settlement system is currently facing many challenges regarding the authority, effectiveness, and legitimacy of its methods and mechanisms and their coordination. These challenges cut across different fields of international law and relations such as investment, trade, human rights, water resources, the law of the sea, the environment, international peace and security, disaster law, space, and cyberspace. New technologies also impact on the scope of existing disputes and their settlement, which lead to the emergence of new disputes and ways of settling them. This book offers insightful reflections by academics and practitioners on such challenges and how they can be addressed as well as on how the international dispute settlement system should adapt to attain its aim of maintaining peace and international legality. It deals with many contemporary issues and is wide-ranging in scope. It is suitable for students, scholars, and practitioners of international dispute settlement, international law, and international relations.

The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.

With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes.By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges.The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain institutions (International Court of Justice, national courts, the EU, the Security Council) and methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding) in the settlement of cyber disputes. It also discusses how data disputes can be settled and whether new and specialised mechanisms are needed.The book provides scholars, practitioners and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.

With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes.By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges.The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain institutions (International Court of Justice, national courts, the EU, the Security Council) and methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding) in the settlement of cyber disputes. It also discusses how data disputes can be settled and whether new and specialised mechanisms are needed.The book provides scholars, practitioners and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.

The advent of cyberspace has led to a dramatic increase in state-sponsored political and economic espionage. This monograph argues that these practices represent a threat to the maintenance of international peace and security and assesses the extent to which international law regulates this conduct. The traditional view among international legal scholars is that, in the absence of direct and specific international law on the topic of espionage, cyber espionage constitutes an extra-legal activity that is unconstrained by international law. This monograph challenges that assumption and reveals that there are general principles of international law as well as specialised international legal regimes that indirectly regulate cyber espionage. In terms of general principles of international law, this monograph explores how the rules of territorial sovereignty, non-intervention and the non-use of force apply to cyber espionage. In relation to specialised regimes, this monograph investigates the role of diplomatic and consular law, international human rights law and the law of the World Trade Organization in addressing cyber espionage. This monograph also examines whether developments in customary international law have carved out espionage exceptions to those international legal rules that otherwise prohibit cyber espionage as well as considering whether the doctrines of self-defence and necessity can be invoked to justify cyber espionage. Notwithstanding the applicability of international law, this monograph concludes that policymakers should nevertheless devise an international law of espionage which, as lex specialis, contains rules that are specifically designed to confront the growing threat posed by cyber espionage.

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.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

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence.The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force.This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.

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.

The Research Handbook on Intelligence and International Law brings together expert scholars and practitioners to comprehensively assess how international law applies to the work of the intelligence community.Among other issues, it examines: the role and impact of the intelligence community as a normative actor in the international legal system; the legality of influence operations; the lawfulness of covert operations; the international legal issues raised by intelligence sharing during military operations; the application of international law to political and economic espionage; State responsibility for negligent intelligence; the privileges and immunities of intelligence officials under the laws of peace and war; the collection of intelligence by peacekeeping missions; the protection afforded by international law to submarine cables; the legality of intelligence operations that expose gross human rights abuses; and the extent to which international courts and tribunals have examined the application of international law to intelligence activities.This Research Handbook is an essential resource for students, academics, practitioners, and policymakers working in international law and intelligence studies.

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence.The book's scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law's regulatory potential regarding the use of force.This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.