Cyber Operations and the Status of Due Diligence Obligations in International Law

Bibliographic Data

ID9934716
AuthorsJack Kenny (0000-0002-8125-2343, British Institute of International and Comparative Law, corresponding author)
Year2024
Volume73
Issue1
Pages135-176
Publication date2024-01-01
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0020589323000489
OpenAlexW4389566998
LanguageEN
References cited8

This article adopts a critical approach towards scholarship seeking to identify binding due diligence obligations for States in cyberspace. The article demonstrates that due diligence obligations are anchored in specific primary rules and are not a universal standalone source from which it is possible to derive binding obligations for all areas of activity. The consensus position of States in United Nations fora clearly determines that due diligence in cyberspace is a voluntary, non-binding norm of responsible State behaviour, and there is currently insufficient State practice and opinio juris to support the development of a customary rule containing binding due diligence obligations in cyberspace. Consequently, the article concludes that attempts to establish binding due diligence obligations in cyberspace constitute lex ferenda that may be understood as an interventionist attempt by scholars to fill what they perceive to be dangerous legal gaps

Business · Customary international law · Cyberspace · Diligence · Due diligence · International law · Law and economics · Norm (philosophy · Political science · Position (finance · Public international law · Sociology · State (computer science · State responsibility · The Internet · Computer Science · Conflict of Laws and Jurisdiction · Dispute Resolution and Class Actions · Freedom of Expression and Defamation · Law · Psychology · Social Psychology

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