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8 - Cyberthreats, Human Rights, and FDI Restrictions

Published online by Cambridge University Press:  09 November 2023

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
Yarik Kryvoi
Affiliation:
British Institute of International and Comparative Law
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Summary

The chapter discusses cybersecurity from the perspective of human rights protection. It first identifies adopting border measures as one approach to fulfilling a state’s duty to protect its citizens against human rights violations caused by cybercrimes. It then examines the tension between these FDI restrictive border measures and states’ investment protection and promotion obligations under IIAs. The analysis demonstrates a limitation in the current international law framework in which invoking the concept of national security remains the only means for states to address cyberthreats, which involves the risk of an accelerating shift to protectionism.

Type
Chapter
Information
Public and Private Governance of Cybersecurity
Challenges and Potential
, pp. 185 - 210
Publisher: Cambridge University Press
Print publication year: 2023

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