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Peace and Security
Cybersecurity
The Legal Status of Cyberspace under International Law
A. Jurisprudence
International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14. International Court of Justice, Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), Merits, Judgment, I.C.J. Reports 2015, p. 665. International Court of Justice, Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v. Nicaragua) and Land Boundary in the Northern Part of Isla Portillos (Costa Rica v. Nicaragua), Merits, Judgment, I.C.J Reports 2018, p. 139. B. Documents
Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, established pursuant to paragraph 4 of General Assembly resolution 66/24, 24 June 2013 (A/68/98). Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, established pursuant to paragraph 4 of General Assembly resolution 68/243, 22 July 2015 (A/70/174). Report of the Open-ended Working Group on Developments in the Field of Information and Telecommunications in the Context of International Security, pursuant to Assembly resolution 73/27 and decision 75/550, 18 March 2021 (A/75/816). Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States submitted by participating governmental experts in the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security, established pursuant to General Assembly resolution 73/266, 13 July 2021 (A/76/136). Report of the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security, established pursuant to paragraph 3 of General Assembly resolution 73/266, 14 July 2021 (A/76/135). C. Doctrine
J. E. Cohen, “Cyberspace as/and space”, Columbia Law Review, vol. 107, 2007, pp. 210-256. H. Moynihan, The Application of International Law to State Cyberattacks: Sovereignty and Non-Intervention, Chatham House, London, 2019. M. N. Schmitt (ed.), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, Cambridge University Press, Cambridge, 2017, pp. 11–29. N. Tsagourias, “The legal status of cyberspace: sovereignty redux”, in N. Tsagourias and R. Buchan (eds.), Research Handbook on International Law and Cyberspace, 2nd revised and expanded edition, Elgar, Cheltenham, 2021, pp. 9-31. H. Yeli, “A Three-Perspective Theory of Cyber Sovereignty”, Prism: Journal of the Center for Complex Operations, vol. 17, 2017, pp. 108-115. The Use of Force in Cyberspace
A. Legal Instruments
Charter of the United Nations, San Francisco, 26 June 1945. B. Jurisprudence
International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, I.C.J Reports 1986, p. 14. International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Tadić, ICTY Trial Chamber, Opinion and Judgment of 7 May 1999, No. IT-94-1-T. International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. C. Documents
Report of the Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, established pursuant to paragraph 4 of General Assembly resolution 68/243, 22 July 2015 (A/70/174). Report of the Open-ended Working Group on Developments in the Field of Information and Telecommunications in the Context of International Security, pursuant to Assembly resolution 73/27 and decision 75/550, 18 March 2021 (A/75/816). Official compendium of voluntary national contributions on the subject of how international law applies to the use of information and communications technologies by States submitted by participating governmental experts in the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security, established pursuant to General Assembly resolution 73/266, 13 July 2021 (A/76/136). Report of the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security, established pursuant to paragraph 3 of General Assembly resolution 73/266, 14 July 2021 (A/76/135). D. Doctrine
R. Buchan and N. Tsagourias, Regulating the Use of Force in International Law, Elgar, Cheltenham, 2021, pp. 114-131. F. Delerue, Cyber operations and international law, Cambridge University Press, Cambridge, 2020, pp. 272-342. J. L. Goldsmith, "Against Cyberanarchy", University of Chicago Law Review, vol. 65, 1998, pp. 1199-1250. S. Haataja, Cyber attacks and international law on the use of force: the turn to information ethics, Routledge, London, 2019. D. R. Johnson and D. Post, “Law and Borders – The Rise of Law in Cyberspace”, Stanford Law Review, vol. 48, 1996, p. 1367. H. Lahmann, Unilateral remedies to cyber operations: self-defence, countermeasures, necessity, and the question of attribution, Cambridge University Press, Cambridge, 2020, pp. 47-112. M. Roscini, Cyber Operations and the Use of Force in International Law, Oxford University Press, Oxford, 2014, pp. 43-116. M. Roscini, “Cyber operations as a use of force”, and C. Focarelli, “Self-defence in cyberspace”, in N. Tsagourias and R. Buchan (eds.), Research Handbook on International Law and Cyberspace, 2nd revised and expanded edition, Elgar, Cheltenham, 2021, pp. 317-344. M. N. Schmitt (ed.), Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations, Cambridge University Press, Cambridge, 2017, pp. 11–29. N. Tsagourias and M. Farrell, “Cyber attribution: technical and legal approaches and challenges”, European Journal of International Law, vol. 31, 2020, pp. 941-967. M. Waxman, “Cyber-Attacks and the Use of Force: back to the Future of Article 2(4)”, The Yale Journal of International Law, vol. 36, 2011, pp. 421-459. Non-Intervention
The Principle of Non-Intervention in Cyberspace
A. Legal Instruments
Charter of the United Nations, San Francisco, 26 June 1945. Charter of the Organization of American States, Bogotá, 30 April 1948, United Nations, Treaty Series, vol. 119, p. 48. International Covenant on Civil and Political Rights, New York, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171. Constitutive Act of the African Union, Lomé, 11 July 2000, United Nations, Treaty Series, vol. 2158, p. 3. B. Jurisprudence International Court of Justice, Corfu Channel Case, Merits, Judgment of 9 April 1949, I.C.J. Reports 1949, p. 4. C. Documents General Assembly resolution 2625 (XXV) of 24 October 1970 (Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations). D. Doctrine D. B. Hollis, “The Influence of War; The War for Influence”, Temple International and Comparative Law Journal, vol. 32n No. 1, pp. 31-46, 2018.
Peaceful Settlement of Disputes
The Peaceful Settlement of Interstate Cyber Disputes
A. Legal Instruments Charter of the United Nations, San Francisco, 26 June 1945. B. Jurisprudence Permanent Court of International Court of Justice, Mavrommatis Palestine Concessions, Judgment of 30 August 1924, P.C.I.J Series A, No. 2, p. 11. International Court of Justice, Case of the monetary gold removed from Rome in 1943 (Preliminary Question), Judgment of 15 June 1954, I.C.J Reports 1954, p. 19. International Court of Justice, South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa), Preliminary Objections, Judgment of 21 December 1962, I.C.J. Reports 1962, p. 328. C. Documents General Assembly resolution 2625 (XXV) of 24 October 1970 (Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations). International Telecommunication Union, Report of the Chairman of the High-Level Experts Group, Global Cybersecurity Agenda, 2008. Report of the Group of Governmental Experts on Developments in the Field of Organization for the Security and Co-operation in Europe, OSCE Confidence-Building Measures to Reduce the Risks of Conflict Stemming from the Use of Information and Communication Technologies, Decision No. 1202, 10 March 2016, PC.DEC/1202. Report of the Group of Governmental Experts on Developments in the Field of Organisation of American States Cybersecurity Program, 2023. D. Doctrine R. Buchan, D. Franchini and N. Tsagourias, The Changing Character of International Dispute Settlement: Challenges and Prospects, Cambridge University Press, Cambridge, 2023. D. B. Hollis and E. Tikk, “Peaceful Settlement in International Law”, Texas International Law Journal, vol. 57, No. 2, pp. 1-50, 2022. J. G. Merrills and E. de Brabandere, Merrill’s International Dispute Settlement, 7th ed, Cambridge University Press, Cambridge, 2022. Y. Tanaka, The Peaceful Settlement of International Disputes, Cambridge University Press, Cambridge, 2018. N. Tsagourias, R. Buchan and D. Franchini, The Peaceful Settlement of Inter-State Cyber Disputes, Oxford, Hart, 2024. D. Additional References United States – China Cyber Agreement, 25 September 2015. United States – Israel Cybersecurity Partnership, 14 November 2021. United Kingdom – China Cyber Dialogue, March 2022. ASEAN – China Cyber Dialogue, 19 October 2022. International Counter Ransomware Initiative, Joint Statement, 31 October-1 November 2023.
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