The normative order of cyber security: the potential of cyber security standards
This working paper shows ways in which binding rules under international law can be developed in the area of cyber security. Non-binding norms can be important milestones here; preventive duties of protection for states (“due diligence”) can also be derived from customary international law – in particular the principle of cooperation. States must fulfill these preventive protection obligations by acting together to increase cyber security. However, in order to create legal certainty in the long term and promote cyber security holistically, there is no way around the conclusion of a binding convention on cyber security.