Cyber Espionage and International Law

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Cyber Espionage and International Law

By Russell Buchan
Hart Publishing February 2021

Specifications

ISBN-13
9781509945016
Publisher
Hart Publishing
Publication
February 2021
Format
Paperback
Jurisdiction
International ? Countri(es) for reference only

Also available as

Hardback

Details

Cyberspace has emerged as an indispensable feature of modern life. All actors within the international system now rely upon cyberspace in order to maximise their potential and perform their manifold activities.

Although it goes without saying that this highly interconnected and instantaneous environment yields enormous benefits, cyberspace has also become the repository of significant threats and vulnerabilities.

The overarching research objective of this book is to critically examine the protection afforded by international law to state and non-state actors from cyber espionage.

Table of Contents

1. Background
2. The Argument
3. Chapter Overview
I. Defining Cyber Espionage
1. Introduction
2. The Intelligence Community
3. Cyber Espionage: Th e Copying of Confidential Data
4. Close and Remote Access Cyber Espionage
5. Secrecy and Cyber Espionage
6. Non-Consensual Information Gathering
7. Political and Economic Cyber Espionage and the Role of State and Non-State Actors
8. Cyber Espionage and International Law
9. Peacetime Cyber Espionage
10. Conclusion
II. Cyber Espionage and International Peace and Security
1. Introduction
2. Political Cyber Espionage
3. Economic Cyber Espionage
4. Conclusion
III. Cyber Espionage and the Rules of Territorial Sovereignty, Non-Intervention and the Non-Use of Force
1. Introduction
2. The Rule of Territorial Sovereignty
3. The Rule of Non-Intervention
4. The Prohibition on the Use of Force
5. Conclusion
IV. Cyber Espionage and Diplomatic and Consular Law
1. Introduction
2. Cyber Espionage Against Diplomatic Missions and Consular Posts
3. The Use of Diplomatic Missions and Consular Posts for Cyber Espionage
4. Conclusion
V. Cyber Espionage and International Human Rights Law
1. Introduction
2. The Extraterritorial Application of Human Rights Treaties
3. The Right to Privacy
4. Restricting the Right to Privacy
5. Conclusion
VI. Economic Cyber Espionage and the World Trade Organization
1. Introduction
2. Economic Cyber Espionage as a WTO 'Measure'
3. Nullification or Impairment of a Benefit
4. Substantive Obligations under WTO Law
5. Non-Violation Complaints
6. Conclusion
VII. Cyber Espionage and the Existence of Customary International Law Exceptions
1. Introduction
2. Customary International Law
3. State Practice
4. Opinio Juris
5. Conclusion
VIII. Cyber Espionage and the Doctrines of Self-Defence and Necessity
1. Introduction
2. The Doctrine of Self-Defence
3. The Doctrine of Necessity
4. Conclusion
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