Public International Law

I would like to thank Professor Abebe for his patience and guidance throughout the writing process, and the editors of the Chicago Journal of International Law for their thoughtful suggestions.

Thank you to everyone who read, edited, and critiqued this work. I am especially grateful for the feedback and support of Professor Tom Ginsburg and the CJIL editors.

I would like to thank Professor Tom Ginsburg, Shiva Jayaraman, Joshua Eastby, Hannah Loo, Julia Kerr, Zeshawn Qadir, Scott Henney, Wallace Feng, Isabella Nascimento, and Caroline Wood for their helpful comments, as well as Joseph Carilli and Sarah Stancati for keeping the watch. The views expressed herein are my own and do not necessarily represent the views of the U.S. Government.

I would like to express my deepest appreciation to Professor Jonthan Masur, Zeshawn Qadir, and the CJIL Board for their help, guidance, and support throughout the research and writing process.

This paper was prepared for the “International Law as Behavior” Conference organized by the American Society of International Law and the University of Georgia School of Law. I would like to thank participants in that conference and Katherina Linos for helpful comments. I would also like to thank Vera Shikhelman and Katie Bass for research assistance, and the Baker Scholars Fund at the University of Chicago Law School for financial support.

The author wishes to thank Jenny Martinez, Robert MacCoun, Mariano-Florentino Cuellar, Mike Tomz, Lee Ross, Dan Ho, Beth Van-Schaack, Gabriella Blum, Beth Simmons, Paul Sniderman, Allen Winer, Charles Perrow, Karl Eikenberry, Bernadette Meyler, David Sloss, and Alison Renteln for their thoughtful comments, suggestions, and advice. The article benefitted greatly from the thoughtful editing of Katharine Wies and the editorial team of the Chicago Journal of International Law. I am also grateful for the comments I received from the participants of the 2016 Empirical Legal Studies Conference, Duke University; 2016 American Society of International Law (ASIL) Annual Meeting ‘New Voices’ panel, Washington, DC; the 2016 Harvard Experimental Political Science Conference, Harvard University; and the 2014 Northern California International Law Scholars Workshop, U.C. Hastings. This research project was made possible thanks to the generous financial support of the Christiana Shi Stanford Interdisciplinary Award in International Studies (SIGF), the Stanford Laboratory for the Study of American Values (SLAV), the CISAC Zuckerman research grant, and the Freeman Spogli Institute Research Grant.

An earlier form of this article was published as Defining Cybersecurity Due Diligence Under International Law: Lessons from the Private Sector, in Ethics and Policies for Cyber Warfare __ (Maria Rosaria Taddeo ed., 2016). We would like to thank Springer Nature for allowing the republication and expansion of this chapter as an article for the present volume.

I would like to thank Emily Hayes and Katie Cierzan for their invaluable research assistance. This paper is based on ideas developed in my Lecture at my induction as the Wing-Tat Lee Chair of International at Loyola University Chicago School of Law, on 3rd of March 2013.