Cyber Attacks and International Law on the Use of Force: an Informational Approach

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Tranter, Kieran

Akhtarkhavari, Afshin

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2017
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Abstract

This thesis examines the intersection of law and technology in the context of cyber attacks and international law on the use of force. It is argued that the law embodies an ontologically constrained view of violence which limits its capacity to regulate cyber attacks. As a means of overcoming these constraints, this thesis draws on Luciano Floridi’s information ethics to develop an informational approach. This involves depicting the state as an information entity and reconceptualising violence through the concept of entropy. Therefore, by updating the law with an informational ontology, it is argued that the law is better equipped to recognising the novel forms of informational violence that are capable of harming states. As such, this thesis explores the conceptual challenges brought about by technological change for international law on the use of force. As a central provision of international law, Article 2(4) of the United Nations Charter prohibits states from using force in their international relations. The law arose within a particular technological context and was originally intended to limit the outbreak of violent warfare between states. It is argued however, that the law is premised on an anthropocentric and materialist view of what constitutes violence and the state as an entity. It subscribes to a worldview in which the state is a territorial entity and violence that is deemed to threaten the state requires some form of destruction or damage to physical objects or injury or death to human beings.

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Thesis (PhD Doctorate)

Degree Program

Doctor of Philosophy (PhD)

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Griffith Law School

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The author owns the copyright in this thesis, unless stated otherwise.

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Subject

Public international law

Cyber attacks

Law and technology

Luciano Floridi

International law

Article 2(4) of the United Nations Charter

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