Espionage as a Sovereign Right under International Law and its Limits

Authors

Asaf Lubin, Maurer School of Law - Indiana UniversityFollow

Document Type

Article

Publication Date

9-2016

Publication Citation

24 ILSA Quarterly 22 (September 2016)

Abstract

The literature surrounding the international legality of peacetime espionage has so far centered around one single question: whether there exist within treaty or customary international law prohibitive rules against the collection of foreign intelligence in times of peace. Lacking such rules, argue the permissivists, espionage functions within a lotus vacuum, one in which States may spy on each other and on each other's nationals with no restrictions, justifying their behavior through the argumentum ad hominem of "tu quoque." . . .

Recommended Citation

Asaf Lubin, Espionage as a Sovereign Right under International Law and its Limits, 24 ILSA Quarterly 22 (September 2016) (2016).
Available at: https://www.repository.law.indiana.edu/facpub/2911