The Slow Process of Normativizing Cyberspace
Bibliographic Data
| ID | 16960735 |
|---|---|
| Authors | Nicholas Tsagourias (0000-0002-1701-2572, University of Sheffield, corresponding author) |
| Year | 2019 |
| Volume | 113 |
| Pages | 71-75 |
| Publication date | 2019-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | AJIL Unbound (JOURNAL) |
| Journal identifiers | ISSN: 2398-7723 • E-ISSN: 2398-7723 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/aju.2019.9 |
| OpenAlex | W2919015622 |
| Language | EN |
| Citations received | 1 |
| References cited | 1 |
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
Cyberspace · Enforcement · Law and economics · Metaphor · Normative · Political science · Sociology · The Internet · Computer Science · Cybersecurity and Cyber Warfare Studies · Law · Legal and Policy Issues · Security, Politics, and Digital Transformation
| Citations per year | 0.14 |
|---|---|
| Citation span | 2019 - 2019 (1) |
| Highly cited | No |