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Towards The International Rule Of Law In Cyberspace


Towards The International Rule Of Law In Cyberspace
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Towards The International Rule Of Law In Cyberspace


Towards The International Rule Of Law In Cyberspace
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Author : Zhixiong Huang
language : en
Publisher:
Release Date : 2018

Towards The International Rule Of Law In Cyberspace written by Zhixiong Huang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.


China and Western countries have repeatedly portrayed each other as potential or actual adversaries in cyberspace. Yet, both sides ostensibly subscribe to an international consensus that cyber operations must be subjected to the rule of law. Against this background, the article examines five key aspects of the rule of law in cyberspace, which are ordinarily understood as areas of contention: (1) preferred method of identification and development of international law; (2) competing models of cyberspace governance; (3) application of sovereignty to cyberspace; (4) question of militarization of cyberspace; and (5) legality of cyber espionage. Our analysis demonstrates that it is inaccurate to view China and the West as sharply divided and competing camps. Rather, the emerging picture reveals a web of relationships and views that reflect an overall trajectory of convergence, even if modest in scope and velocity.



The Rule Of Law In Cyberspace


The Rule Of Law In Cyberspace
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Author : Carlos Blanco de Morais
language : en
Publisher: Springer Nature
Release Date : 2022-09-06

The Rule Of Law In Cyberspace written by Carlos Blanco de Morais and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.


The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.



Research Handbook On International Law And Cyberspace


Research Handbook On International Law And Cyberspace
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Author : Tsagourias, Nicholas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-14

Research Handbook On International Law And Cyberspace written by Tsagourias, Nicholas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-14 with Law categories.


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.



Public International Law Of Cyberspace


Public International Law Of Cyberspace
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Springer
Release Date : 2017-02-28

Public International Law Of Cyberspace written by Kriangsak Kittichaisaree and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-28 with Law categories.


This compact, highly engaging book examines the international legal regulation of both the conduct of States among themselves and conduct towards individuals, in relation to the use of cyberspace. Chapters introduce the perspectives of various stakeholders and the challenges for international law. The author discusses State responsibility and key cyberspace rights issues, and takes a detailed look at cyber warfare, espionage, crime and terrorism. The work also covers the situation of non-State actors and quasi-State actors (such as IS, or ISIS, or ISIL) and concludes with a consideration of future prospects for the international law of cyberspace. Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law. This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.



Cyberspace Sovereignty


Cyberspace Sovereignty
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Author : Hongrui Zhao
language : en
Publisher: World Scientific
Release Date : 2022-01-13

Cyberspace Sovereignty written by Hongrui Zhao and has been published by World Scientific this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Political Science categories.


How do you describe cyberspace comprehensively?This book examines the relationship between cyberspace and sovereignty as understood by jurists and economists. The author transforms and abstracts cyberspace from the perspective of science and technology into the subject, object, platform, and activity in the field of philosophy. From the three dimensions of 'ontology' (cognition of cyberspace and information), 'epistemology' (sovereignty evolution), and 'methodology' (theoretical refinement), he uses international law, philosophy of science and technology, political philosophy, cyber security, and information entropy to conduct cross-disciplinary research on cyberspace and sovereignty to find a scientific and accurate methodology. Cyberspace sovereignty is the extension of modern state sovereignty. Only by firmly establishing the rule of law of cyberspace sovereignty can we reduce cyber conflicts and cybercrimes, oppose cyber hegemony, and prevent cyber war. The purpose of investigating cyberspace and sovereignty is to plan good laws and good governance. This book argues that cyberspace has sovereignty, sovereignty governs cyberspace, and cyberspace governance depends on comprehensive planning. This is a new theory of political philosophy and sovereignty law.



Rule Of Law In Cyberspace And The Way To Cybersecurity Based On Human Rights


Rule Of Law In Cyberspace And The Way To Cybersecurity Based On Human Rights
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Author : Caroline Brunhild Wähner
language : en
Publisher: GRIN Verlag
Release Date : 2020-09-16

Rule Of Law In Cyberspace And The Way To Cybersecurity Based On Human Rights written by Caroline Brunhild Wähner and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-16 with Law categories.


Essay from the year 2014 in the subject Law - IT law, grade: 1,0, , course: Public Privacy: Cyber security and Human Rights, language: English, abstract: The academic essay focuses on the connection between cybersecurity and human rights. It examines the interaction between the growing cybersecurity regime and international human rights norms, standards, and mechanisms within legal and political framework.



Prospects For The Rule Of Law In Cyberspace


Prospects For The Rule Of Law In Cyberspace
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Author : Keir Giles
language : en
Publisher:
Release Date : 2018-02-08

Prospects For The Rule Of Law In Cyberspace written by Keir Giles and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Reference categories.


"The application of international law and legal principles in cyberspace is a topic that has caused confusion, doubt, and interminable discussions between lawyers since the earliest days of the internationalization of the Internet. The still unresolved debate over whether cyberspace constitutes a fundamentally new domain that requires fundamentally new laws to govern it reveals basic ideological divides. On the one hand, the Euro-Atlantic community led by the United States believes, in broad terms, that activities in cyberspace require no new legislation, and existing legal obligations are sufficient. On the other, a large number of other states led by Russia and China believe that new international legal instruments are essential in order to govern information security overall, including those expressed through the evolving domain of cyberspace. Russia in particular argues that the challenges presented by cyberspace are too urgent to wait for customary law to develop as it has done in other domains; instead, urgent action is needed. This Letort Paper will provide an overview of moves toward establishing norms and the rule of law in cyberspace, and the potential for establishing further international norms of behavior"--Publisher's web site.



Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations


Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02

Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-02 with Law categories.


The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.



Tallinn Manual On The International Law Applicable To Cyber Warfare


Tallinn Manual On The International Law Applicable To Cyber Warfare
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-07

Tallinn Manual On The International Law Applicable To Cyber Warfare written by Michael N. Schmitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-07 with Law categories.


The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.



Cyber Operations And The Use Of Force In International Law


Cyber Operations And The Use Of Force In International Law
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Author : Marco Roscini
language : en
Publisher: OUP Oxford
Release Date : 2014-03-14

Cyber Operations And The Use Of Force In International Law written by Marco Roscini and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Law categories.


The internet has changed the rules of many industries, and war is no exception. But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and asks whether existing laws created for analogue technologies can be applied to new digital developments. The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in the context of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are not accompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.