作者
Scott J Shackelford, Scott Russell, Andreas Kuehn
发表日期
2016
期刊
Chi. J. Int'l L.
卷号
17
页码范围
1
简介
Although there has been a relative abundance of scholarship exploring the contours of the law of yber war, far less attention has been paid to defining a law of gyberpeace applicable below the armed attack threshold. Among the most important unanswered questions is what exacty nations' due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (ICJ) has not yet explidtly considered this topic, though it has ruled in the Corfu Channel case that one country's territog should not be" used for acts that unlawfuly harm other States." But what steps exacty do nations and companies under their jurisdiction have to take under international law to secure their networks, and what of the rights and responsibilities of transit States? This Article reviews the arguments surrounding the creation of a gbersecurity due diligence norm and argues for aproactive regime that …
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