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As part of a response to growing government concern over the threat of cyber attacks directed against critical national infrastructures, the National Security Agency (NSA) contracted with Stanford University in 1998 to undertake a multi-track program to provide a forum, develop information, and to analyze options for addressing this threat.
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An expert in international law and legal institutions, Thomas C. Heller has focused his research on the rule of law, international climate control, global energy use, and the interaction of government and nongovernmental organizations in establishing legal structures in the developing world. He has created innovative courses on the role of law in transitional and developing economies, as well as the comparative study of law in developed economies. He co-directs the law school’s Rule of Law Program, as well as the Stanford Program in International Law. Professor Heller has been a visiting professor at the European University Institute, Catholic University of Louvain, and Hong Kong University, and has served as the deputy director of the Freeman Spogli Institute for International Studies at Stanford University, where he is now a senior fellow.
Professor Heller is also a senior fellow (by courtesy) at the Woods Institute for the Environment. Before joining the Stanford Law School faculty in 1979, he was a professor of law at the University of Wisconsin Law School and an attorney-advisor to the governments of Chile and Colombia.
The development of "information warfare" presents international legal issues that will complicate nations' efforts both to execute and to respond to certain information warfare attacks, specifically those using computers, telecommunications, or networks to attack adversary information systems. Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law govern the effects of those actions. Nevertheless, the novelty of certain information warfare techniques may remove them from application of established legal categories. Furthermore, the ability of signals to travel across international networks, and affect systems in distant countries, conflicts with the long-standing principle of national, territorial sovereignty.
What guidance does international law provide in determining who succeeds to the treaty obligations of a large nation-state when it splits up? This Article will consider, first, the general rules of inheritance in such a case and, second, what has happened so far in four concrete areas.