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Concluding Observations on Sovereignty in Cyberspace

  • Gary P. Corn (a1) and Robert Taylor (a2)

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In Sovereignty in Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours of the exception they would recognize.

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Copyright

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

References

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1 Michael N. Schmitt & Liis Vihul, Sovereignty in Cyberspace: Lex Lata Vel Non?, 111 AJIL Unbound 213 (2017).

2 Phil Spector, In Defense of Sovereignty in the Wake of Tallinn 2.0, 111 AJIL Unbound 219 (2017).

3 Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security, 2015 Report para. 27, UN Doc. A/70/174 (July 22, 2015) (emphasis added).

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