Cyber-Espionage in International Law: Silence Speaks

International Law

Cyber-Espionage in International Law: Silence Speaks

By Thibault Moulin
Manchester University Press May 2023

Specifications

ISBN-13
9781526168030
Publisher
Manchester University Press
Publication
May 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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.

Table of Contents

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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