Roundtable Review of Oona A. Hathaway and Scott J. Shapiro, 'The Internationalists: How a Radical... more Roundtable Review of Oona A. Hathaway and Scott J. Shapiro, 'The Internationalists: How a Radical Plan to Outlaw War Changed the World' (New York, Simon & Schuster, 2017).
Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear c... more Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war. Yet the attacks look little like the armed attacks that the law of war has traditionally regulated. This Article examines how existing law may be applied — and adapted and amended — to meet the distinctive challenge posed by cyber-attacks. It begins by clarifying what cyber-attacks are and how they already are regulated by existing bodies of law, including the law of war, international treaties, and domestic criminal law. This review makes clear that existing law effectively addresses only a small fraction of potential cyber-attacks. The law of war, for example, provides a useful framework for only the very small number of cyber-attacks that amount to an armed attack or that take place in the...
This Commentary examines the deep and abiding influence of what has been called the New Haven Sch... more This Commentary examines the deep and abiding influence of what has been called the New Haven School of international law. It considers the connection between the past and the present¿the ideas first formulated by Myres S. McDougal and Harold D. Lasswell more than a half-century ago, and those, both near and far, whose work they have influenced.
Roundtable Review of Oona A. Hathaway and Scott J. Shapiro, 'The Internationalists: How a Radical... more Roundtable Review of Oona A. Hathaway and Scott J. Shapiro, 'The Internationalists: How a Radical Plan to Outlaw War Changed the World' (New York, Simon & Schuster, 2017).
Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear c... more Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war. Yet the attacks look little like the armed attacks that the law of war has traditionally regulated. This Article examines how existing law may be applied — and adapted and amended — to meet the distinctive challenge posed by cyber-attacks. It begins by clarifying what cyber-attacks are and how they already are regulated by existing bodies of law, including the law of war, international treaties, and domestic criminal law. This review makes clear that existing law effectively addresses only a small fraction of potential cyber-attacks. The law of war, for example, provides a useful framework for only the very small number of cyber-attacks that amount to an armed attack or that take place in the...
This Commentary examines the deep and abiding influence of what has been called the New Haven Sch... more This Commentary examines the deep and abiding influence of what has been called the New Haven School of international law. It considers the connection between the past and the present¿the ideas first formulated by Myres S. McDougal and Harold D. Lasswell more than a half-century ago, and those, both near and far, whose work they have influenced.
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Papers by Oona Hathaway