Conclusion
-
Thibault Moulin
Abstract
The conclusion explains that, for a long time, espionage was only indirectly constrained by international law – and States were satisfied with this. This regime was however destabilised by the digitalisation of espionage. Hence, cyber-espionage is neither authorised nor prohibited: it is not unlawful, but States do not want to create a right to spy. As a matter of fact – and for the time being – regulation of cyber-espionage is mainly achieved through domestic laws. The conclusion also focuses on the managerialist approach to international law, and explains how a need to fill a so-called legal vacuum emerged in doctrine.
Abstract
The conclusion explains that, for a long time, espionage was only indirectly constrained by international law – and States were satisfied with this. This regime was however destabilised by the digitalisation of espionage. Hence, cyber-espionage is neither authorised nor prohibited: it is not unlawful, but States do not want to create a right to spy. As a matter of fact – and for the time being – regulation of cyber-espionage is mainly achieved through domestic laws. The conclusion also focuses on the managerialist approach to international law, and explains how a need to fill a so-called legal vacuum emerged in doctrine.
Chapters in this book
- 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
Chapters in this book
- 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
