The increasing practical importance of IIL has been accompanied by a (still) growing number of academic contributions. This brief comment will first outline the main arguments of Yackee’s article and then critique some of the arguments it makes, specifically around whether there is indeed a functional IIL agency and Yackee’s comparative analysis with domestic administrative agencies, before offering some concluding remarks.
On September 18, 2012, State Department Legal Adviser Harold Koh took an important step towards publically elucidating the U.S. positions on how international law applies to cyberspace. Shortly thereafter, NATO’s Cooperative Cyber Defence Centre of Excellence (CCD COE) had released a draft the long-awaited Tallinn Manual, due for formal publication in early 2013. The Manual is the product of a three-year project sponsored by the Centre in which an “International Group of Experts” examined, inter alia, the very issues cited in the Koh Speech. This article functions as a concordance between the positions articulated in the Koh speech and those found in the Tallinn Manual, and provides analytical granularity as to the legal basis for the positions proffered in the Koh Speech.