Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

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.

Find on SSRN

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.