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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.
FORMATPaperback CONDITIONBrand New Author Biography
Edited by Nicholas Tsagourias, Professor of International Law, University of Sheffield and Russell Buchan, School of Law, University of Reading, UK
Table of Contents
Contents:Preface xivIntroduction to the Research Handbook on International Law and Cyberspace 1Michael N. SchmittPART I CYBERSPACE AND GENERAL PRINCIPLES OFINTERNATIONAL LAW1 The legal status of cyberspace: sovereignty redux? 9Nicholas Tsagourias2 The rise of cyber norms 32Marja Lehto3 Mapping power in cyberspace 46Outi Korhonen and Ekaterina Markovich4 Jurisdiction in network society 69Uta Kohl5 The international law of cyber intervention 97Ido Kilovaty6 State responsibility in cyberspace 113Constantine Antonopoulos7 Cyberspace and human rights 130David P. Fidler8 International criminal responsibility in cyberspace 152Kai Ambos9 International investment law and arbitration in cyberspace 181Eric De BrabanderePART II CYBER TREATS AND INTERNATIONAL LAW10 Cyber terrorism and use of the internet for terrorist purposes 204Ben Saul and Kathleen Heath11 Cyber espionage and international law 230Russell Buchan and Iñaki Navarrete12 International legal dimensions of cybercrime 252Philipp Kastner and Frédéric MégretPART III CYBER ATTACKS AND THE JUS AD BELLUM13 The notion of cyber operations 271Paul A. L. Ducheine and Peter B. M. J. Pijpers14 Cyber operations as a use of force 296Marco Roscini15 Self-defence in cyberspace 316Carlo Focarelli16 Cyber-peacekeeping and international law 344Nicholas Tsagourias and Giacomo Biggio17 Some thoughts on cyber deterrence and public international law 365Eric MyjerPART IV CYBER WAR AND THE JUS IN BELLO18 Distinctive ethical challenges of cyberweapons 387Neil C Rowe19 Classifying cyber warfare 405Louise Arimatsu20 Is the principle of distinction still relevant in cyberwarfare? Fromdoctrinal discourse to States' practice 426Karine Bannelier21 International humanitarian law applied to cyber-warfare: precautions,proportionality and the notion of 'attack' under the humanitarian law ofarmed conflict 456Terry D. Gill22 Cyber war and the law of neutrality 470David TurnsPART V REGIONAL AND INTERNATIONAL APPROACHES TOCYBER SECURITY23 European law and cyberspace 490Ramses A. Wessel24 NATO and the international law of cyber defence 508Steven Hill25 Russian approaches to international law and cyberspace 524Sergey Sayapin26 Chinese approaches to cyberspace governance and international law incyberspace 546Zhixiong Huang and Yaohui Ying27 Cyber security in the Asia-Pacific 563Hitoshi Nasu28 The United Nations and the regulation of cyber-security 581Christian HendersonIndex
Review
'Tsagourias and Buchan have successfully brought together some of the world's best legal thinkers on cyber issues to address the domain's most difficult current questions. For anyone looking to understand the application of international law to cyber operations, including the views of major actors such as China, and Russia, this second edition of the Research Handbook provides an incredibly useful one-stop source. A true must-read for anyone involved in cyber operations.' -- Eric Talbot Jensen, Brigham Young University, US'With cyber security rising to the top of nation States' national security concerns, understanding the legal "rules of the road" for cyberspace has never been a higher priority. This second edition of the Research Handbook on International Law and Cyberspace rises to meet that occasion. Expertly edited, the Research Handbook offers reflections by leading experts on the state of the law as well as a candid look at its potential gaps and outstanding disputes. From its survey of relevant rules for uses of force and armed conflicts to new topics like investment law, peacekeeping, and cyber norms, this book provides the most comprehensive and current overview of the field today.' -- Duncan B. Hollis, Temple University School of Law, US
Details ISBN1035316854 Pages 672 Publisher Edward Elgar Publishing Ltd Year 2023 ISBN-10 1035316854 ISBN-13 9781035316854 Author Russell Buchan Edition 2nd Format Paperback Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Russell Buchan AU Release Date 2023-04-04 NZ Release Date 2023-04-04 Publication Date 2023-04-04 UK Release Date 2023-04-04 Edition Description 2nd edition Series Research Handbooks in International Law series Replaces 9781786437587 DEWEY 343.0999 Audience Professional & Vocational We've got this
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