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Persuasion About/Without International Law: The Case Of Cybersecurity Norms, Steven R. Ratner Jan 2021

Persuasion About/Without International Law: The Case Of Cybersecurity Norms, Steven R. Ratner

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International law on cybersecurity is characterized by at best a thin consensus on the existence of rules, their meaning, and the desirability and content of new rules. This legal landscape results in a unique pattern of argumentation and persuasion by states and non-state actors both in advocating for a regulatory scheme for cyber activity and in reacting to malicious cyber acts. By examining argumentation in the absence of a generally agreed legal framework, this chapter seeks to provide new insights into the motivations for and effects of international legal argumentation in shaping debates and behavior. After describing the legal landscape …