III The rules disconnected from territorial integrity
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Thibault Moulin
Abstract
This chapter argues that without confronting espionage by name, the Vienna Convention on Diplomatic Relations (VCDR) provides an indirect regulation of cyber-espionage. First, it prevents espionage by embassies. In fact, the diplomatic staff are obliged to comply with the national laws of the receiving State which prohibit – more often than not – acts of espionage and cyber-espionage. Second, it prohibits certain forms of cyber-espionage on embassies. In fact, the inviolability of diplomatic documents and archives (Article 24), as well as the inviolability of the mission’s official correspondence (Article 27(2)), also applies online. However, this chapter finds that this is only valid between the sending and the receiving States, and that third States are not prevented from spying on them. An interpretation of Article 40(3) indeed reveals that third States are only forbidden from spying on diplomatic data when it is in transit – and not on data stored on a computer.
Abstract
This chapter argues that without confronting espionage by name, the Vienna Convention on Diplomatic Relations (VCDR) provides an indirect regulation of cyber-espionage. First, it prevents espionage by embassies. In fact, the diplomatic staff are obliged to comply with the national laws of the receiving State which prohibit – more often than not – acts of espionage and cyber-espionage. Second, it prohibits certain forms of cyber-espionage on embassies. In fact, the inviolability of diplomatic documents and archives (Article 24), as well as the inviolability of the mission’s official correspondence (Article 27(2)), also applies online. However, this chapter finds that this is only valid between the sending and the receiving States, and that third States are not prevented from spying on them. An interpretation of Article 40(3) indeed reveals that third States are only forbidden from spying on diplomatic data when it is in transit – and not on data stored on a computer.
Kapitel in diesem Buch
- Front matter i
- Dedication v
- Contents vii
- Acknowledgements x
- List of abbreviations xii
- I Introduction 1
- Introduction to Part I 3
- 1 Main notions 8
- 2 Methodological and conceptual frameworks 31
- II The rules connected to territorial integrity 69
- Introduction to Part II 71
- 3 Territorial sovereignty 73
- 4 Collective security law 110
- 5 The law applicable between belligerent States 137
- 6 The law applicable between belligerent and non-belligerent States 153
- Conclusion to Part II 172
- III The rules disconnected from territorial integrity 177
- Introduction to Part III 179
- 7 The law of diplomatic relations 182
- 8 International economic law 202
- 9 International human rights law 220
- 10 State practice 243
- 11 Opinio juris 269
- Conclusion to Part III 282
- Conclusion 285
- Index 291
Kapitel in diesem Buch
- Front matter i
- Dedication v
- Contents vii
- Acknowledgements x
- List of abbreviations xii
- I Introduction 1
- Introduction to Part I 3
- 1 Main notions 8
- 2 Methodological and conceptual frameworks 31
- II The rules connected to territorial integrity 69
- Introduction to Part II 71
- 3 Territorial sovereignty 73
- 4 Collective security law 110
- 5 The law applicable between belligerent States 137
- 6 The law applicable between belligerent and non-belligerent States 153
- Conclusion to Part II 172
- III The rules disconnected from territorial integrity 177
- Introduction to Part III 179
- 7 The law of diplomatic relations 182
- 8 International economic law 202
- 9 International human rights law 220
- 10 State practice 243
- 11 Opinio juris 269
- Conclusion to Part III 282
- Conclusion 285
- Index 291
