Legal challenges of attributing malicious cyber activities against space activities

Abstract Malicious cyber activities against space activities (MCASAs) add to the complexities of the legal attribution of malicious cyber activities violating international law. The ‘space’ implies the possibility of applying international space law considering the lex specialis derogat legi generali (more specific rules will prevail over more general rules) principle. However, neither the attribution rules of international space law nor of general international law could completely tackle this dilemma. This study categorizes MCASAs into three categories based on the role of the involved space activities and analyses the crux of legal attribution in each scenario. It proposes different coping approaches, including a four-pronged way, introducing a peculiarity test, and specifying substantive international obligations of the states responsible for space activities.

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Publication Details

Journal
Leiden Journal of International Law
Published
2024-10-02
DOI
https://doi.org/10.1017/s092215652400030x
Primary Topic
Space exploration and regulation
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal challenges of attributing malicious cyber activities against space activities

Du Li
Leiden Journal of International Law
Space exploration and regulation
article

Legal challenges of attributing malicious cyber activities against space activities

Du Li
article en

Abstract

Abstract Malicious cyber activities against space activities (MCASAs) add to the complexities of the legal attribution of malicious cyber activities violating international law. The ‘space’ implies the possibility of applying international space law considering the lex specialis derogat legi generali (more specific rules will prevail over more general rules) principle. However, neither the attribution rules of international space law nor of general international law could completely tackle this dilemma. This study categorizes MCASAs into three categories based on the role of the involved space activities and analyses the crux of legal attribution in each scenario. It proposes different coping approaches, including a four-pronged way, introducing a peculiarity test, and specifying substantive international obligations of the states responsible for space activities.

Leiden Journal of International LawVol. 37(4)
Hainan University (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 87%
Space exploration and regulation
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