Book contents
- International Law As We Know It
- International Law As We Know It
- Copyright page
- Contents
- Acknowledgments
- 1 Knowing International Law
- 2 “Legal Problem-Solution” and the Cyberwar Discourse
- 3 “Not ‘Armed Force’ in the Literal Sense”
- 4 “The Greater Part of Jurisconsults”
- 5 “Call Me Again If You’re Ever Ready to Begin Answering the Questions”
- 6 In Conclusion: International Law As We Know It
- Appendix Chapter 5
- Bibliography
- Index
2 - “Legal Problem-Solution” and the Cyberwar Discourse
Published online by Cambridge University Press: 01 October 2021
- International Law As We Know It
- International Law As We Know It
- Copyright page
- Contents
- Acknowledgments
- 1 Knowing International Law
- 2 “Legal Problem-Solution” and the Cyberwar Discourse
- 3 “Not ‘Armed Force’ in the Literal Sense”
- 4 “The Greater Part of Jurisconsults”
- 5 “Call Me Again If You’re Ever Ready to Begin Answering the Questions”
- 6 In Conclusion: International Law As We Know It
- Appendix Chapter 5
- Bibliography
- Index
Summary
This chapter provides the background to Chapters 3, 4 and 5. It demarcates the analysis by, first, elaborating on the notion of ‘war’ in cyberspace, and second, on “legal problem-solution” (Koskenniemi) as the shared aim of the international legal scholars involved. It furthermore explains the focus of chapters 3 and 4 on the debate on Article 2(4) of the UN Charter in particular, and discusses some of the problems scholars run into as they try to apply the prohibition on the use of force to cyberattacks. The last part of the chapter provides a broad sketch of these attempts, and as a contrast to 'legal problem-solution' details the work of those scholars who claim that the characteristics of cyberattacks preclude their regulation under international law.
- Type
- Chapter
- Information
- International Law As We Know ItCyberwar Discourse and the Construction of Knowledge in International Legal Scholarship, pp. 26 - 62Publisher: Cambridge University PressPrint publication year: 2021