Aug 4th 2015, 17:16

AN INTERNATIONAL LAW ON CYBERSPACE? HERE’S SOME OF THE LATEST COMMENTARY
AND RESEARCH.

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Widely regarded as an exciting new area of law, the aspects of international law pertaining to cyberspace -- while not strictly speaking new -- nonetheless constitute an evolving area of legal endeavour. The central concern here is that the legalities of cyberspace and the internet have not yet been thrashed out internationally – and that therefore the possibility of a truly international consensus on internet use and abuse remains remote.

So for international lawyers somewhat confounded by the confusions and controversies linked to the establishment of the law of cyberspace, this book is an enlightening read. It presents important recent research in the form of two dozen papers and articles by no less than twenty-six international contributors, all with impressive expertise in this field.

In the words of its editors, the book, ‘serves as a guide to academics, practitioners, researchers and students on the international law principles and rules that apply to cyberspace and to certain cyber activities’.

Co-editor Nicholas Tsagourias of the University of Sheffield initially refers to the now outmoded assumption that cyberspace is ‘a non-legal domain’ that should remain open, participatory and unfettered by legal regulations; (not necessarily a good idea in view of the internet’s vulnerability to abuse.) Tsagourias then reiterates the much more current view that cyberspace is (or should be) ‘subject to international law’ which fortunately, he says, ‘is not in dispute anymore.’

The Handbook first turns its attention to the ways in which particular principles of international law apply in cyberspace, in just about every conceivable area, from jurisdiction, for example, to intellectual property rights, human rights and individual criminal responsibility. The sections of the book which follow tackle such urgent issues as cyberattacks, cyberwar and cyber security – and of course, much more.

A recent publication from Elgar – and part of their ‘Handbooks on International Law’ series, the book is meticulously footnoted throughout and functions admirably as a launchpad into avenues of further research, with extensive tables of cases and legislation and a detailed index.

The book therefore is a valuable resource for practitioners, policy makers and students alike -- and indeed anyone concerned with the necessity of -- and the difficulties involved in -- arriving at some form of international consensus on the regulation of cyberspace.

The publication date is cited as at 2015.

'Overall, the Handbook will appeal to national security professional, advanced law students, and to international lawyers more generally. The volume is rich in references, as a handbook should be. Among criminologists, it merits the attention of those interested in transnational crime, cyber crime, and state crime. Trans-national cyber crime specialists would be attracted to the chapters relating to jurisdiction and to regional cooperation efforts. . . International lawyers and cyber security specialists will find this a useful collection of timely analyses. The Handbook thus complements the Tallinn Manual on the International Law applicable to Cyber Warfare, and is a useful port of call for those preparing themselves for 21st century conflict. There seems little doubt that the problems identified in the volume are likely to remain on the public agenda and indeed, to intensify, in the months ahead.' --Peter Grabosky, Criminal Law and Criminal Justice Books