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Mitigating Risks: Inter-State Due Diligence Obligations in Case of Harmful Cyber-Incidents and Malicious Cyber-Activity - Obligations of the Transit State

Abstract : Irrespective of the specific substantive area of regulation, the term ‘transit state’ invokes notions of space and duration. It refers to a territory – usually of a third state – that is crossed over for a certain length of time. This contribution looks specifically to the potential obligations of transit states with regard to events that take place in a very particular space and in effect usually only last for a split moment: harmful cyber-incidents. Concepts originally endemic to ‘ius in bello’ and neutrality as well as the rules on state responsibility have a role to play in determining the applicable rules and extent of obligations. The ambitious Tallinn Manual of 2013 provides a landmark set of rules providing for a framework that comprehensively deals with a number of the most pressing issues concerning cyberwarfare.
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https://hal-univ-paris10.archives-ouvertes.fr/hal-01782807
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Submitted on : Wednesday, May 2, 2018 - 10:41:27 AM
Last modification on : Tuesday, November 19, 2019 - 9:34:23 AM

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  • HAL Id : hal-01782807, version 1

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Markus Peter Beham, A. Reinisch. Mitigating Risks: Inter-State Due Diligence Obligations in Case of Harmful Cyber-Incidents and Malicious Cyber-Activity - Obligations of the Transit State. German Yearbook of International Law, Walther Schücking Institute of International Law, 2015, pp.101-112. ⟨hal-01782807⟩

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