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Beyond National Jurisdiction: Cyberspace

Published online by Cambridge University Press:  31 December 2019

Chimène I. Keitner*
Affiliation:
Alfred & Hanna Fromm Professor of International & Comparative Law, UC Hastings Law.

Extract

The signature topic of “beyond national jurisdiction” stems from the recognition that there are still significant governance gaps in the international legal system. Given that human activity is now extending into different geographic areas as well as into the “virtual environment” of cyberspace, the need arises to coordinate and potentially to regulate such activity.

Type
International Law as an Instrument to Regulate The Behavior of Non-State Actors in Areas Beyond National Jurisdiction
Copyright
Copyright © 2019 by The American Society of International Law

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Footnotes

This panel was convened at 11:00 a.m., Thursday, March 28, 2019, by its moderator Lucinda A. Low, of Steptoe & Johnson, LLP and former President of ASIL, who introduced the panelists: David Balton of the Wilson Center; Marie Jacobsson of the Swedish Ministry of Foreign Affairs; Chimène Keitner of the University of California Hastings College of Law; and Frans Von der Dunk of Nebraska College of Law.

References

1 Tim Maurer, Cyber Mercenaries: The State, Hackers, and Power (2018).

2 Jason Healey, Beyond Attribution: Seeking National Responsibility for Cyber Attacks (Jan. 2012), available at https://www.atlanticcouncil.org/images/files/publication_pdfs/403/022212_ACUS_NatlResponsibilityCyber.PDF.

3 See Chimène I. Keitner, Attribution by Indictment, 113 AJIL Unbound 207 (2019).

4 Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, UN Doc. A/HRC/38/35 (Apr. 6, 2018), at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/096/72/PDF/G1809672.pdf?OpenElement.