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International Law and Technological Change: Testing the Adaptability of International Law

Edited by: Irene Couzigou

ISBN13: 9781035329328
To be Published: November 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00





This comprehensive book explores the consequences of modern technology for procedural and substantive areas of international law. It examines to what extent existing principles and rules of international law can adapt to unprecedented technological changes.

Contributors outline the impact of technological advancements on international law across key areas such as communications, governance, surveillance and security, immigration, warfare, and economics. They consider whether and how the use of new technologies, including information and communication technology, autonomous artificial intelligence systems and blockchain infrastructures, should be regulated. Chapters investigate the impact of technology use on international legal discourse, law-making and implementation, and accountability across the globe. This book ultimately demonstrates the numerous advantages of technology in aiding the interpretation, identification, formation, implementation, and enforcement of international law, provided that its application is appropriately regulated.

This book is an essential resource for scholars and students of international law, particularly those with an interest in law and technology. It is also highly beneficial for legal professionals seeking to understand the evolving dynamics of international law within the new technological landscape.

Subjects:
Public International Law, IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction: International Law and Technological Change 1
Irène Couzigou

PART I TECHNOLOGY, INTERNATIONAL LEGAL DISCOURSE AND INTERNATIONAL LAW-MAKING 17
2. Investigations with digital open-source information and the stabilization of international norms: Protecting the principle of non-refoulement 18
Henning Lahmann
3. The challenges posed to democratic governance by Big Tech: What role for international law? 45
Neli Frost
4. A computational turn in customary international law: A solution to the discontents with the identification of custom? 70
Emilie van den Hoven

PART 2 TECHNOLOGY, IMPLEMENTATION AND DEVELOPMENT OF INTERNATIONAL LAW 93
Section 1 Challenges for international human rights law and refugee law 94
5. Translating and developing international human rights law in the online sphere: The role of Meta’s Oversight Board 95
Stefania Di Stefano
6. The European Union’s border security ecosystem – reconciling technological development, human rights and
security threats at the borders of Europe 122
Lauren E. Elrick
7. International refugee law in the digital age: Opportunities and challenges 149
Sandrine Turgis
Section 2 Challenges for international humanitarian law 173
8. Hypersonic weapons and international law: Incompatibilities with arms control treaties and international humanitarian law 174
Elisabeth Hoffberger-Pippan
9. The law of targeting’s mechanization and objectivization through the use of artificial intelligence 202
Tobias Vestner

PART 3 TECHNOLOGY AND INTERNATIONAL ACCOUNTABILITY 225
10. ‘The computer did it, not me!’ The challenges of allocating international legal responsibility for the use of autonomous cyber capabilities enabled by artificial intelligence 226
Samuli Haataja and Simon McKenzie
11. International human rights law in the era of blockchain: Redefining accountability in decentralized systems 250
José Gustavo Prieto Muñoz
12. Conclusion: International law and technological change 277
Irène Couzigou

Index 288