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Cyber-Espionage in International Law: Silence Speaks

Cyber-Espionage in International Law: Silence Speaks

Cyber-Espionage in International Law: Silence Speaks

Author: Thibault Moulin
Publisher: Manchester University Press
ISBN: 9781526168030
Published In: May 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,130.50

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Description
Contents

Details

While espionage among nations is a long-standing practice, the emergence of the Internet has challenged the traditional legal framework and has resulted in the intensification of intelligence activities. With the emergence of cyber-espionage, agents may collect intelligence from within their own jurisdictions, with a great deal of secrecy and less risk. This book argues that - save some exceptions - this activity has been subject to normative avoidance, meaning that it is neither prohibited, nor authorized or permitted. States are aware of such status of law, and are not interested in any further regulation, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent and falling victim to it. This book resorts to a first-class sample of state practice and analyses several rules and treaties, and demonstrates that no specific customary law has emerged in the field.

Introduction

1. Main notions

2. Methodological and conceptual frameworks

Part I: The rules connected to territorial integrity

3. Territorial sovereignty

4. Collective security law

5. The law applicable between belligerent states

6. The law applicable between belligerent and non-belligerent states

Part II: The rules disconnected from territorial integrity

7. The law of diplomatic relations

8. International economic law

9. International human rights law

10. State practice

11. Opinio juris

Conclusion

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