The advent of cyberspace has led to a dramatic increase in
state-sponsored political and economic espionage. This monograph
argues that these practices represent a threat to the maintenance
of international peace and security and assesses the extent to
which international law regulates this conduct. The traditional
view among international legal scholars is that, in the absence of
direct and specific international law on the topic of espionage,
cyber espionage constitutes an extra-legal activity that is
unconstrained by international law. This monograph challenges that
assumption and reveals that there are general principles of
international law as well as specialised international legal
regimes that indirectly regulate cyber espionage. In terms of
general principles of international law, this monograph explores
how the rules of territorial sovereignty, non-intervention and the
non-use of force apply to cyber espionage. In relation to
specialised regimes, this monograph investigates the role of
diplomatic and consular law, international human rights law and the
law of the World Trade Organization in addressing cyber espionage.
This monograph also examines whether developments in customary
international law have carved out espionage exceptions to those
international legal rules that otherwise prohibit cyber espionage
as well as considering whether the doctrines of self-defence and
necessity can be invoked to justify cyber espionage.
Notwithstanding the applicability of international law, this
monograph concludes that policymakers should nevertheless devise an
international law of espionage which, as lex specialis, contains
rules that are specifically designed to confront the growing threat
posed by cyber espionage.
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