Concluding Observations on Sovereignty in Cyberspace

Authors

Gary Corn, American University, Washington College of LawFollow
Robert Taylor

Document Type

Article

Publication Date

2018

Journal

AJIL Unbound

Volume

111

First Page

282

Last Page

283

Abstract

In Sorerejgntyin Cyberspace: Lex Lata Vel Non?, Michael Schmitt and Liis Vihul argue that territorial sovereignty is a primary rule of international law that limits cyber activities. They recognize, however, that not all cyber effects constitute violations of territorial sovereignty, and like Rule 4 in the Tallinn Manual 2.0 and its commentary, they acknowledge a distinct lack of consensus among the Tallinn participants on the critical question of applicable thresholds. Problematically, they do not identify the necessary state practice and opinio juris that would be required to establish either the primary rule that they proffer or the existence and contours of the exception they would recognize.

Recommended Citation

Gary Corn & Robert Taylor, Concluding Observations on Sovereignty in Cyberspace, 111 AJIL Unbound 282 (2018).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2166