Research Handbook on International Law and Cyberspace
Show Less

Research Handbook on International Law and Cyberspace

Edited by Nicholas Tsagourias and Russell Buchan

This timely Research Handbook contains an analysis of various legal questions concerning cyberspace and cyber activities and provides a critical account of their effectiveness. Expert contributors examine the application of fundamental international law principles to cyberspace such as sovereignty, jurisdiction, state responsibility, individual criminal responsibility, and intellectual property rights. In addition to this, they explore the application of international law rules to cyber terrorism, cyber espionage, cyber crime, cyber attacks and cyber war and discuss the cyber security policies of international and regional institutions.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: State responsibility in cyberspace

Constantine Antonopoulos


The commission of internationally wrongful acts in cyberspace may lead to the responsibility of States. However, there appears to be substantial difficulty in applying the existing legal framework introduced in the International Law Commission’s Articles on State Responsibility (2001). This difficulty concerns the rules on attribution of an act in cyberspace to a particular State. Attribution in the law as it currently stands is focused on the link of natural persons to a specific State; but this is nearly impossible to establish in the case of cyber acts for they are ascribed to computers, the users of which remain largely unidentified. Therefore, as computers constituting the source of wrongful acts may be traced to the territory of particular States the best solution would be to establish a breach of the duty of due diligence on the part of the State from the which injurious cyber acts emanate. Evidence in this respect would seek to prove that the State from which the injurious act emanated had knowledge that the act occurred in its territory and a more flexible approach to its evaluation should be admitted.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.