Information Technology Law

Research Handbook on International Law and Cyberspace, 2nd Edition

By Nicholas Tsagourias
Edward Elgar Publishing December 2021

Specifications

ISBN-13
9781789904246
Publisher
Edward Elgar Publishing
Publication
December 2021
Format
Hardback , 560 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Details

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.

Table of 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 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 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 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 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

About the Author

Edited by Nicholas Tsagourias, Professor of International Law and Russell Buchan, Senior Lecturer in International Law, University of Sheffield, UK

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