24 ILSA Quarterly 22 (September 2016)
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" . . .
Lubin, Asaf, "Espionage as a Sovereign Right under International Law and its Limits" (2016). Articles by Maurer Faculty. 2911.