The application of 'fundamental rights and duties' of states to cyber operations

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This thesis will examine the application of international law to state-to-state cyber operations to determine whether such operations constitute a breach of international law and thus attract responsibility. The scope of consideration of primary rules will be limited to discussion of the so-called 'fundamental rights of states', that is, rights that are inherent in statehood, or the theory of rights that a state possesses by virtue of being a state alone, and not rights that exist only once the state has contracted for them. In that sense, the rights that inhere in statehood are fundamental because they are foundational, emerging from the foundation of the state. The thesis will aim to anchor the interpretation and application of rules of international law to cyber operations in practical case scenarios, both hypothetical and real.The theory of fundamental rights and duties has no exact identification or distinction, though the 'generally accepted... common core' relate to independence, sovereignty, equality and the self-preservation of states. The thesis will examine the principles of sovereignty, non-intervention and self-determination and their applicability to cyber operations. The thesis hopes to draw on a deep understanding of the applicable rules in a non-cyber context and current state practice to challenge the basis of more specific interpretations of those rules to cyber operations asserted by some states and authors.This thesis addresses these deficiencies in the literature and complements existing research on the application of international law to cyber operations. Modern developments including the increased role of non-state actors enabled by advances in technology in cyber operations raise difficult issues of interpreting primary rules to apply to a new area of operations that remain insufficiently explored in light of these challenges and has not been given significant attention in the existing literature. Specifically, this thesis offers a critical analysis of interpretations of primary rules in light of the positions of states and existing state practice supported by case studies and hypothetical scenarios to provide a detailed evaluation of primary rules lex lata to cyber operations.The research aligns most closely to the 'Global Uncertainties' EPSRC's strategies and research area. There are no companies or collaborators involved in the research.