Tsagourias, N. (2019) The slow process of normativizing cyberspace. AJIL Unbound, 113. pp. 71-75. ISSN 2398-7723
Abstract
In their article, Dan Efrony and Yuval Shany claim that post-Tallinn Manual practice demonstrates that states entertain doubts about the applicability to cyberspace of the rules contained in the Tallinn Manuals. According to the authors, post-Tallinn practice reveals that states treat the application of international law to cyber operations as optional; operate in parallel—legal and nonlegal—tracks of conduct; and engage in gradated enforcement. They also claim that their study invites further research into the implications of state conduct in cyberspace for general international law theory. I will use this last point as a springboard to explain the process of normativization in cyberspace—that is, the process of subjecting states’ cyber operations and behaviors to legal standards. To do this, I will use Oscar Schachter's representation of a normative (legal) order as a three-story building. According to Schachter's metaphor, the third floor is occupied by public values and general policy aspirations; the second floor is occupied by law with its distinctive normative patterns of prescribing, proscribing, and applying; while the ground floor is occupied by the social reality of conduct. The three floors are not isolated but connected by escalators and staircases that go in both directions.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2019 The American Society of International Law and Nicholas Tsagourias. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 29 Apr 2020 16:30 |
Last Modified: | 29 Apr 2020 16:37 |
Status: | Published |
Publisher: | Cambridge University Press (CUP) |
Refereed: | Yes |
Identification Number: | 10.1017/aju.2019.9 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:159906 |
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