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.
Introduction, Russell Buchan (University of Reading, UK), Daniel Franchini (University of Sheffield, UK) and Nicholas Tsagourias (University of Sheffield, UK) Part I: Concepts 1. Cyber Disputes as International Legal Disputes, Nicholas Tsagourias (University of Sheffield, UK) 2. Good Faith in the Context of the Resolution of Cyber Disputes, Rober Kolb (University of Geneva, Switzerland) and Andraz Kastelic (UNIDIR) Part II: Institutions 3. Guarding the Gates and Shaping the Battlefield: The Role of Domestic Courts in the Settlement of International Cyber Disputes, Daniel Franchini (University of Sheffield, UK) 4. Cyber Disputes Before the ICJ: Issues of Jurisdiction and Admissibility, Constantine Antonopoulos (Democritus University of Thrace, Greece) 5. The EU and the Peaceful Settlement of Cyber Disputes: The Goals, Tools and Normative Framework of EU Cyber Policy, Annegret Bendiek (German Institute for International and Security Affairs), Martin Muller (University of Innsbruck, Austria) and Matthias C Kettemann (University of Innsbruck, Austria) 6. The Role of the Security Council in Addressing Malicious Cyber Operations that Threaten International Peace and Security, Tomohiro Mikanagi (MFA, Japan) Part III: Methods 7. The Brave New World of Cyberspace: Do Traditional Diplomatic Tools Apply to Cyber? Iakovos V Iakovidis (United Nations Office at Geneva, Switzerland) 8. Settlement of Inter-State Data Disputes, Joanna Kulesza (University of Lodz, Poland) 9. Collective and Third-Party Cyber Countermeasures, Russell Buchan (University of Reading, UK) 10. The Obligation to Settle Cyber Disputes Peacefully: Arbitration, Conciliation, Fact-Finding and Other Mechanisms, Pål Wrange (University of Stockholm, Sweden)
Nicholas Tsagourias is Professor of International Law at the University of Sheffield, UK. Russell Buchan is Professor of International Law at the University of Reading, UK. Daniel Franchini is Lecturer in International Law at the University of Sheffield, UK.
