Disentangling the cyber security debate
In his insightful LJIL article Kubo Mačák discusses the under-developed state of international cyber security law. He assesses that the absence of cyber security law-making has created a power vacuum that has been filled by non-state actor initiatives, such as the Tallinn Manual. He calls on states that now is the time to reclaim their central role in international lawmaking, in the short-term by articulating their opinio iuris more clearly, in the mid-term by overcoming their treaty aversion, and in the long-term by moving towards the adoption of a multilateral cyber security treaty. While I fully agree with Mačák’s central argument for more state engagement I would like to highlight a problem that states seem well-advised to address in their future engagement with international law in cyberspace.