{"title":"CYBER OPERATIONS AND THE STATUS OF DUE DILIGENCE OBLIGATIONS IN INTERNATIONAL LAW","authors":"Jack Kenny","doi":"10.1017/s0020589323000489","DOIUrl":null,"url":null,"abstract":"<p>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 <span>opinio juris</span> 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 <span>lex ferenda</span> that may be understood as an interventionist attempt by scholars to fill what they perceive to be dangerous legal gaps.</p>","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"66 1","pages":""},"PeriodicalIF":1.6000,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International & Comparative Law Quarterly","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/s0020589323000489","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
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.
期刊介绍：
The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world''s leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The ''Shorter Articles and Notes'' section enables the discussion of contemporary legal issues and ''Book Reviews'' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press.
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