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Can Cyber-Attacks trigger the Right to Self-Defense under Article 51 of the UN Charter
Title statement Can Cyber-Attacks trigger the Right to Self-Defense under Article 51 of the UN Charter [rukopis] / Tram Anh Nguyen Additional Variant Titles Can Cyber-Attacks trigger the Right to Self-Defense under Article 51 of the UN Charter Personal name Nguyen, Tram Anh, (dissertant) Translated title Can Cyber-Attacks trigger the Right to Self-Defense under Article 51 of the UN Charter Issue data 2022 Note Ved. práce Martin Faix Another responsib. Faix, Martin (thesis advisor) Another responsib. Univerzita Palackého. Katedra mezinárodního a evropského práva (degree grantor) Keywords cyber attack * Stuxnet attack * right to self-defence * Article 51 of the United Nations charter Form, Genre diplomové práce master's theses UDC (043)378.2 Country Česko Language angličtina Document kind PUBLIKAČNÍ ČINNOST Title Mgr. Degree program Navazující Degree program International and European Law Degreee discipline International and European Law book
Kvalifikační práce Downloaded Size datum zpřístupnění 00278667-426555548.pdf 11 1.1 MB 01.07.2022 Posudek Typ posudku 00278667-ved-888254761.docx Posudek vedoucího 00278667-opon-328612462.docx Posudek oponenta Průběh obhajoby datum zadání datum odevzdání datum obhajoby přidělená hodnocení typ hodnocení 00278667-prubeh-161436468.pdf 11.03.2022 01.07.2022 01.09.2022 C Hodnocení známkou
Upon the explosion of technical advances over years, the number and sophistication of cyber-attacks against states showed a significant increase. A well-known example is cyber attacks against Estonia in 2007 or the Stuxnet attack against Iran in 2010. It is hardly surprising that cyberattacks have become a concern of the international community because of the legal issues surrounding their nature and their negative impact on the security of states. In the current context, a question raises is whether a country that suffers from cyber-attacks can activate the right to self-defense under Article 51 of the United Nations charter whereas both customary international law and international treaties have not been updated about the answers yet. Some famous scholars have already provided their ideas about this issue and come to the conclusion of accepting the right to self-defense of victim states. However, those approaches should be examined and reexamined continuously. This thesis will attempt to unlock the above question and contribute more legal analysis relevant to the right of self-defense in case one state is attacked by cyber-attacks. The thesis is divided into three parts. The first part deals with questions like: What is self-defense? When and under what conditions, self-defense may legitimately take place. In the following, the focus of the discussion in the second part is defining the acceptable concept and the characteristics of cyber-attacks. Lastly, the third part wrestles with the most controversial topic that whether cyber-attacks can activate the right to self-defense under Article 51 UN Charter.Upon the explosion of technical advances over years, the number and sophistication of cyber-attacks against states showed a significant increase. A well-known example is cyber attacks against Estonia in 2007 or the Stuxnet attack against Iran in 2010. It is hardly surprising that cyberattacks have become a concern of the international community because of the legal issues surrounding their nature and their negative impact on the security of states. In the current context, a question raises is whether a country that suffers from cyber-attacks can activate the right to self-defense under Article 51 of the United Nations charter whereas both customary international law and international treaties have not been updated about the answers yet. Some famous scholars have already provided their ideas about this issue and come to the conclusion of accepting the right to self-defense of victim states. However, those approaches should be examined and reexamined continuously. This thesis will attempt to unlock the above question and contribute more legal analysis relevant to the right of self-defense in case one state is attacked by cyber-attacks. The thesis is divided into three parts. The first part deals with questions like: What is self-defense? When and under what conditions, self-defense may legitimately take place. In the following, the focus of the discussion in the second part is defining the acceptable concept and the characteristics of cyber-attacks. Lastly, the third part wrestles with the most controversial topic that whether cyber-attacks can activate the right to self-defense under Article 51 UN Charter.
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