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Research Handbook on International Law and Cyberspace 2nd ed

Edited by: Nicholas Tsagourias, Russell Buchan

ISBN13: 9781789904246
Previous Edition ISBN: 9781782547389
Published: December 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £268.00
Paperback edition , ISBN13 9781035316854



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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.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
Preface
Introduction to the Research Handbook on International Law and Cyberspace
Michael N. Schmitt
PART I. CYBERSPACE AND GENERAL PRINCIPLES OF INTERNATIONAL LAW
1. The legal status of cyberspace: sovereignty redux?
Nicholas Tsagourias
2. The rise of cyber norms
Marja Lehto
3. Mapping power in cyberspace
Outi Korhonen and Ekaterina Markovich
4. Jurisdiction in network society
Uta Kohl
5. The international law of cyber intervention
Ido Kilovaty
6. State responsibility in cyberspace
Constantine Antonopoulos
7. Cyberspace and human rights
David P. Fidler
8. International criminal responsibility in cyberspace
Kai Ambos
9. International investment law and arbitration in cyberspace
Eric De Brabandere
PART II. CYBER TREATS AND INTERNATIONAL LAW
10. Cyber terrorism and use of the internet for terrorist purposes
Ben Saul and Kathleen Heath
11. Cyber espionage and international law
Russell Buchan and Iñaki Navarrete
12. International legal dimensions of cybercrime
Philipp Kastner and Frédéric Mégret
PART III. CYBER ATTACKS AND THE JUS AD BELLUM
13. The notion of cyber operations
Paul A.L. Ducheine and Peter B.M.J. Pijpers
14. Cyber operations as a use of force
Marco Roscini
15. Self-defence in cyberspace
Carlo Focarelli
16. Cyber-peacekeeping and international law
Nicholas Tsagourias and Giacomo Biggio
17. Some thoughts on cyber deterrence and public international law
Eric Myjer
PART IV. CYBER WAR AND THE JUS IN BELLO
18. Distinctive ethical challenges of cyberweapons
Neil C Rowe
19. Classifying cyber warfare
Louise Arimatsu
20. Is the principle of distinction still relevant in cyberwarfare? From doctrinal discourse to States’ practice
Karine Bannelier
21. International humanitarian law applied to cyber-warfare: precautions, proportionality and the notion of ‘attack’ under the humanitarian law of
armed conflict
Terry D. Gill
22. Cyber war and the law of neutrality
David Turns
PART V REGIONAL AND INTERNATIONAL APPROACHES TO CYBER SECURITY
23. European law and cyberspace
Ramses A. Wessel
24. NATO and the international law of cyber defence
Steven Hill
25. Russian approaches to international law and cyberspace
Sergey Sayapin
26. Chinese approaches to cyberspace governance and international law in cyberspace
Zhixiong Huang and Yaohui Ying
27. Cyber security in the Asia-Pacific
Hitoshi Nasu
28. The United Nations and the regulation of cyber-security
Christian Henderson
Index