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By contrast, according to a minority, espionage is prohibited by general international law.
Because of this diversity, and of the absence of a single, general legal regime under international law, the problems raised by espionage require the examination of a different set of rules: sovereignty; nonintervention; use of force; sea, air, and space law; human rights; international economic law; international criminal law; etc.
Generally speaking, however, two types of approaches can be found in the doctrine.
In response, Forcese 2016 warns against the perverse side effects that such approaches could have on the overall international legal system.
Russell Buchan is senior docent in internationaal recht aan de universiteit van Sheffield in Groot-Brittannië en is van 19 augustus tot en met 13 september als Visiting Fellow verbonden aan het The Hague Program for Cyber Norms van het Institute of Security and Global Affairs van de Universiteit Leiden.
International espionage consists of the access, on behalf of a state, to information that is held by another state and considered as confidential or strategic, in the military, security, or economic field.
This classical conception has evolved to also include surveillance programs implemented by intelligence agencies toward individuals as well as company-to-company industrial espionage.
A certain number of publications give a general overview of the various questions raised by espionage activities under international law.
The main question is whether such activities are, in and of themself, legal.
In legal scholarship, discussions have mainly focused on the legality of espionage under international human rights law.
Forms of espionage have become more diverse and sophisticated, involving a wide array of practices and actors.