The arguments for and against the legality of espionage in state practice each have varying interpretations of the UN Charter and other sources of international law, and the following analysis intends to investigate these interpretations and determine the forms of espionage that violate international law, are potentially permissible under international law, or remain virtually unaddressed by international law altogether. The convergence of international law with peacetime espionage is a highly contested issue, with varying levels of consensus by legal scholars. There are various elements to espionage concerning its purpose, methods, and practice, but the important thing to note is that, in the absence of war, espionage is never explicitly addressed in international law (Demarest 1996, 339 Chesterman 2006, 1072). One of the issues and developments inexplicit in the United Nations Charter (UN Charter) is espionage. International law in the nuclear and technology era requires constant reinterpretation or reassertion to address new problems, issues, and developments in the international system.
Interpreting international law’s approach to a given concept is not without complications, such that even the issues that international law is seemingly explicit about are not without their contested areas.
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