The Peaceful Settlement of Inter-State Cyber Disputes PDF Download
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Author: Nicholas Tsagourias
Publisher: Bloomsbury Publishing
ISBN: 1509960929
Category : Law
Languages : en
Pages : 338
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Book Description
With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes. By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges. The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain institutions (International Court of Justice, national courts, the EU, the Security Council) and methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding) in the settlement of cyber disputes. It also discusses how data disputes can be settled and whether new and specialised mechanisms are needed. The book provides scholars, practitioners and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.
Author: Nicholas Tsagourias
Publisher: Bloomsbury Publishing
ISBN: 1509960929
Category : Law
Languages : en
Pages : 338
Get Book Here
Book Description
With cyberspace becoming a domain of inter-state conflict and confrontation, this book is one of the first studies of the ways in which international law can facilitate the peaceful settlement of inter-state cyber disputes. By employing theoretical and practical inquiries and analysis, the book examines the legal parameters of cyber dispute settlement; explores critical questions about the role of dispute settlement institutions and methods; and identifies and addresses related challenges. The book begins by considering the legal definition of a cyber dispute and the scope of the good faith obligation of states in settling their cyber disputes peacefully. It then examines the role of certain institutions (International Court of Justice, national courts, the EU, the Security Council) and methods (judicial, diplomatic, countermeasures, arbitration, conciliation, fact-finding) in the settlement of cyber disputes. It also discusses how data disputes can be settled and whether new and specialised mechanisms are needed. The book provides scholars, practitioners and law students with immediate knowledge and understanding of the role of international law in the peaceful settlement of cyber disputes, as well as how international dispute settlement as a discipline and practice can apply to this new field.
Author: J. G. Merrills
Publisher: Cambridge University Press
ISBN: 1139500120
Category : Law
Languages : en
Pages : 387
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Book Description
A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641
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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Author: Yoshifumi Tanaka
Publisher: Cambridge University Press
ISBN: 1107164273
Category : Law
Languages : en
Pages : 465
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Book Description
This book offers students a clear and systematic overview of procedures for peaceful dispute settlement in international law.
Author: John G. Collier
Publisher: Oxford University Press, USA
ISBN: 9780198299271
Category : Law
Languages : en
Pages : 428
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Book Description
For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.
Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1107024439
Category : Law
Languages : en
Pages : 303
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Book Description
The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare.
Author: United Nations. Codification Division
Publisher: New York : United Nations
ISBN:
Category : Law
Languages : en
Pages : 268
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Book Description
Author: William H. Wiist
Publisher: Cambridge University Press
ISBN: 1107146682
Category : Medical
Languages : en
Pages : 369
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Book Description
Preventing War and Promoting Peace focuses on how health professionals can actively engage in the prevention of war and the promotion of peace.
Author: Stuart Casey-Maslen
Publisher: Bloomsbury Publishing
ISBN: 150993071X
Category : Law
Languages : en
Pages : 249
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Book Description
This work expounds, for those in practice and beyond, the rules of international law governing the inter-state use of force. Jus ad bellum determines when a state - or group of states - may lawfully use force against, or on the territory of, another state, and when such action violates international law. The bedrock of the law is found in the Charter of the United Nations, but the interpretation and application of many of the rules codified in the Charter, particularly by the International Court of Justice, are contested. Accordingly, the book clarifies the law as it stands today, explaining its many complexities and controversies, such as when non-state actors may be attacked in another state and when consent is validly given to foreign intervention. The interrelationships between jus ad bellum and the law of armed conflict/international humanitarian law, the law of neutrality, and international human rights law are also illuminated, along with important concepts such as the 'responsibility to protect' and humanitarian intervention.
Author: Aaron F. Brantly
Publisher: Rowman & Littlefield
ISBN: 1786615665
Category : Political Science
Languages : en
Pages : 203
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Book Description
The national security of the United States depends on a secure, reliable and resilient cyberspace. The inclusion of digital systems into every aspect of US national security has been underway since World War II and has increased with the proliferation of Internet-enabled devices. There is an increasing need to develop a robust deterrence framework within which the United States and its allies can dissuade would-be adversaries from engaging in various cyber activities. Yet despite a desire to deter adversaries, the problems associated with dissuasion remain complex, multifaceted, poorly understood and imprecisely specified. Challenges, including credibility, attribution, escalation and conflict management, remain ever-present and challenge the United States in its efforts to foster security in cyberspace. These challenges need to be addressed in a deliberate and multidisciplinary approach that combines political and technical realities to provide a robust set of policy options to decision makers. The Cyber Deterrence Problem brings together a multidisciplinary team of scholars with expertise in computer science, deterrence theory, cognitive psychology, intelligence studies and conflict management to analyze and develop a robust assessment of the necessary requirements and attributes for achieving deterrence in cyberspace. Beyond simply addressing the base challenges associated with deterrence, many of the chapters also propose strategies and tactics to enhance deterrence in cyberspace and emphasize conceptualizing how the United States deters adversaries.
