This book examines, through the interdisciplinary lenses of international relations and law, the limitations of cybersecurity governance frameworks and proposes solutions to address new cybersecurity challenges. It approaches different angles of cybersecurity regulation, showing the importance of dichotomies as state vs market, public vs private, and international vs domestic. It critically analyses two dominant Internet regulation models, labelled as market-oriented and state-oriented. It pays particular attention to the role of private actors in cyber governance and contrasts the different motivations and modus operandi of different actors and states, including in the domains of public-private partnerships, international data transfers, regulation of international trade and foreign direct investments. The book also examines key global (within the United Nations) and regional efforts to regulate cybersecurity and explains the limits of domestic and international law in tackling cyberattacks. Finally, it demonstrates how geopolitical considerations and different approaches to human rights shape cybersecurity governance.
1. Introduction Tomoko Ishikawa and Yarik Kryvoi; 2. International relations perspectives: cybergovernance in the post-liberal order Kiichi Fujiwara and Paul Nadeau; 3. The state-oriented model of internet regulation: the case of China Wakako Ito; 4. Cybercrime, the United Nations, prospects and challenges for international cooperation Summer Walker and Ian Tennant; 5. Responding to public and private cyberattacks: jurisdiction, self-defence, and countermeasures Yarik Kryvoi; 6. International data transfers and cybersecurity: three regulatory approaches and their implications Jens Hillebrand Pohl; 7. International trade law and cybersecurity: balancing free markets and regulation Elizabeth Whitsitt; 8: Cyber threats, human rights and FDI restrictions Tomoko Ishikawa; 9: Public-Private partnerships on cybersecurity and international law: finding multilateral solutions Aleksander Kalisz; 10: The geopolitical divide, norm conflict and public-private partnership in cybersecurity governance Yarik Kryvoi and Tomoko Ishikawa; Index.
Tomoko Ishikawa is Professor at Nagoya University in Japan. Her research focuses on legal issues that concern international investment and trade, as well as corporate environmental and human rights responsibility. Her professional experiences include serving as an Associate Judge at Tokyo District Court and holding the position of deputy director at the Ministry of Foreign Affairs of Japan. Yarik Kryvoi is the Senior Fellow at the British Institute of International and Comparative Law. He conducts research, leads projects and advises on law reform projects around the world and acts as an expert on international law, arbitration and corruption. Before moving to academia, he practiced international law with leading law firms in the United States and the United Kingdom.
