网络空间
管辖权
法学
海洋法
政治学
联合国海洋法公约
空间法
主权
属人管辖权
法律冲突
国际法
法律与经济学
计算机安全
社会学
国际公法
外层空间
计算机科学
互联网
政治
万维网
商业化
作者
Douglas Guilfoyle,Tamsin Phillipa Paige,Rob McLaughlin
标识
DOI:10.1017/s0020589322000227
摘要
Abstract Cyberspace is now acknowledged not only as the newest domain of warfare, but also as a space vital to economic, educational and cultural development for all States. This thin consensus ignores the fundamental fact that the backbone of cyber infrastructure—submarine telecommunication cables—is not (for the large part) located within sovereign territorial jurisdiction. The radically increased reliance of States upon submarine data cables emphasises their vulnerability to damage by malicious acts, accidents, or natural phenomena. Faced with these problems, legal analysis has tended to identify gaps or deficiencies in the law, and propose the creation of new legal instruments. The contribution of this article is twofold. First, it expands the frame of analysis to include deliberate damage to cables not only in peacetime but under the law of armed conflict. Second, rather than treating the legal framework as inherently deficient, it considers the extent to which existing rules and principles can be progressively developed, interpreted, or creatively applied to close perceived gaps. This article surveys the existing law specific to the protection of submarine cables and assesses how general principles of the law of the sea, State responsibility, the law on the use of force, and the law of armed conflict apply to this problem. It thus considers in turn the applicable ‘law of peace’, the jus ad bellum and the jus in bello .
科研通智能强力驱动
Strongly Powered by AbleSci AI