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Full-Text Articles in Science and Technology Law
Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias
Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias
International Law Studies
"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …
Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer
International Law Studies
Adverse cyber operations against States are on the rise, and so are the legal challenges related to such incidents under public international law. This article will not delve into already intensely debated problems of classification, such as whether adverse cyber operations constitute “armed attacks” or “use of force.” Rather, the article will focus on causality and attribution with special regard to problems of evidence. In particular, the article will elaborate on the applicable standards of proof to be met by the victim State when submitting, or having to submit, evidence to justify self-defense or countermeasures against the State of origin. …
Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt
Classification Of Cyber Capabilities And Operations As Weapons, Means, Or Methods Of Warfare, Jeffrey T. Biller, Michael N. Schmitt
International Law Studies
Despite several persistent controversies regarding how international law applies to cyber operations during an armed conflict, general understanding of the law in this domain is maturing. Reasoning by analogy to non-cyber application and interpretation of international law underlies much of the progress. Yet, although preexisting normative structures and legal terminology enable legal advisors and scholars to usefully draw upon previously acquired experience and understanding, there are obstacles to definitive analogizing that result from fundamental differences between cyber and kinetic operations. The number of imperfect analogies that underlie some of the normative uncertainty in the field underscores this point.
One key …
Chapter Vii: Conclusions, Carl Q. Christol
Chapter Vii: Conclusions, Carl Q. Christol
International Law Studies
No abstract provided.
Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol
Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol
International Law Studies
No abstract provided.
Introduction, Carl Q. Christol
Table Of Contents, Carl Q. Christol
Indexes, Carl Q. Christol
Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol
Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol
International Law Studies
No abstract provided.
Chapter I: Introduction, Carl Q. Christol
Chapter I: Introduction, Carl Q. Christol
International Law Studies
No abstract provided.
Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol
Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol
International Law Studies
No abstract provided.
Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol
Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol
International Law Studies
No abstract provided.
Chapter Ii: Outer Space And The World Community, Carl Q. Christol
Chapter Ii: Outer Space And The World Community, Carl Q. Christol
International Law Studies
No abstract provided.
Appendix A: List Of Annexes, Carl Q. Christol
Appendix A: List Of Annexes, Carl Q. Christol
International Law Studies
No abstract provided.