Document Type
Article
Publication Date
6-2017
ISSN
0040-4411
Publisher
University of Texas School of Law
Language
en-US
Abstract
The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making body to take a position on its interpretation of a legal rule, shaping all aspects of the decision-making process, ultimately influencing the legal position that body takes, and often the resulting law itself. In this piece, I explore the role that the interpretation catalyst triggering the Tallinn process – the cyberattacks on Estonia in 2007 – have played in the development of the international law governing cyberspace going forward.
Recommended Citation
Rebecca Ingber,
Interpretation Catalysts in Cyberspace
,
in
95
Texas Law Review
1531
(2017).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/264
Included in
Computer Law Commons, Internet Law Commons, Military, War, and Peace Commons, Science and Technology Law Commons
Comments
Boston University School of Law, Public Law Research Paper No. 17-24