Cyber-espionage in international law : silence speaks /: silence speaks. (2023)

• Record Type: Book
• Further Information: Note: Thibault Moulin.
• Authors: Moulin, Thibault
• Contents: Part I: Introduction; ; Introduction to Part I; ; 1 Main notions; 1.1 The concept of ‘cyber-espionage’; 1.2 The concept of ‘cyber-space’; ; 2 Methodological and conceptual frameworks; 2.1 The determination of law; 2.1.1 The approach to treaty interpretation; 2.1.2 The approach to sources; 2.2 The concept of normative avoidance; 2.2.1 Definition; 2.2.2 Novelty; ; Part II: The rules connected to territorial integrity; ; Introduction to Part II; ; 3 Territorial sovereignty; 3.1 The dissimilarities between physical trespass and digital intrusion; 3.1.1 Espionage per se is not an international wrongful act; 3.1.2 The lack of an analogy between digital and physical intrusions; 3.2 The ‘do-not-harm’ challenge and the minimal effects of cyber-espionage; ; 4 Collective security law; 4.1 A traditional interpretation of the UN Charter does not result in a regulation of cyber-espionage; 4.2 Alternative interpretations of cyber-espionage do not result in the regulation of cyber-espionage; 4.2.1 Interpretation based on meta-rules; 4.2.2 Teleological interpretation; ; 5 The law applicable between belligerent States; 5.1 The territorial rationale of the regulation of espionage between belligerents; 5.1.1 The categories of spies defined by the law of armed conflict; 5.1.2 The challenging application of rules about espionage in a digital space; 5.2 A lack of State support in favour of the application of espionage-related rules in cyber-space; ; 6 The law applicable between belligerent and non-belligerent States; 6.1 The absence of a regulation by rules on material operations; 6.1.1 The obligations between belligerents; 6.1.2 The obligations on neutral States; 6.2 A limited restriction of cyber-espionage by rules on the use of telecommunications; 6.2.1 The obligations between belligerents; 6.2.2 The obligations on neutral States; ; Conclusion to Part II; ; Part III: The rules disconnected from territorial integrity; ; Introduction to Part III; ; 7 The law of diplomatic relations; 7.1 Indirect regulation of espionage by embassies; 7.1.1 The accreditation of the mission; 7.1.2 The performing of the mission; 7.2 Indirect regulation of espionage on embassies; 7.2.1 The lack of regulation by the inviolability of diplomatic premises; 7.2.2 The incompatibility of cyber-espionage with the rules protecting the inviolability of archives and documents; ; 8 International economic law; 8.1 The absence of a prohibition of economic cyber-espionage; 8.1.1 The absence of a prohibition by national treatment; 8.1.2 The absence of a prohibition by the obligation to protect undisclosed information; 8.2 The tolerance of cyber-espionage required for the preservation of essential security interests; 8.2.1 Cyber-espionage activities in peacetime; 8.2.2 Cyber-espionage in a time of war or other emergency in international relations; ; 9 International human rights law; 9.1 The absence of extraterritorial jurisdiction in the event of remote cyber-espionage activities; 9.2 The measured regulation of surveillance activities by the right to privacy; 9.2.1 Interference and legality; 9.2.2 Legitimacy and proportionality; ; 10 State practice; 10.1 The unanimous prohibition of espionage by domestic criminal laws; 10.1.1 The traditional prohibition of espionage; 10.1.2 The progressive prohibition of digital intrusions and interceptions; 10.2 The predominant authorisation of one’s own intelligence activities against other States; 10.2.1 Provisions authorising intelligence gathering; 10.2.2 Grounds allowing intelligence collection; ; 11 Opinio juris ; 11.1 The absence of a right to spy; 11.2 The absence of a prohibition on espionage; ; Conclusion to Part III; ; Conclusion; ; Index
• Publisher Details: Manchester : Manchester University Press
• Publication Date: 2023
• Extent: 1 online resource (320 pages)
• Subjects: 344.05325; Cyberterrorism -- Law and legislation; Internet and terrorism
• Languages: English
• ISBNs: 9781526168023; 9781526168047
• Related ISBNs: 9781526168030
• Notes: Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
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