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Analysis On Cyberspace Sovereignty And The Construction Of International Order In Cyberspace

Posted on:2019-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:T X HuFull Text:PDF
GTID:2416330596452210Subject:international law
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As the change of era,the connotation and extension of national sovereignty is constantly changing.And the rapid development of economic globalization has exerted a far-reaching influence on the traditional national economic sovereignty,political sovereignty and cultural sovereignty.The innovation of new network technology even makes cyberspace to be the fifth largest space after land,sea,sky,aerospace,many countries also recognize the significance of cyberspace for national development and national security.Although there are some social activists and scholars have advocated that cyberspace is not subject to the jurisdiction of the national sovereignty,practices in recent decades have showed that the exercise of national sovereignty in cyberspace is possible and necessary.National sovereignty refers to the highest power of a country to deal with its internal and external affairs,including internal supreme authority and external independence.From the perspective of the development of national sovereignty,its connotation is not unchanged;the development of economic globalization has caused great change in the traditional concept of national sovereignty,and resulted in the contradiction between globalization and national sovereignty.With the continuous progress and popularization of network technology,the traditional national boundaries are even vaguer,and supreme authority and external independence of national sovereignty face new challenges.Within the country,social instability can weakennational sovereignty through network channels;outside the country,the traditional Internet power has infiltrated other countries through cultural and ideological output.Therefore,the independent theory of cyberspace has been supported.Some western governments and social activists have advocated the independent theory of cyberspace and the theory of cyberspace autonomy.However,the practices of cyberspace in the last half century have completely negated the theory,and it has created the conditions for the establishment of the theory of cyberspace sovereignty.China and the United States are representatives of cyberspace legislation and advocacy in the world.The United States is the biggest developing country in the world,and the cyberspace legislation of the US has experienced the preliminary exploration stage,developing stage and strengthening stage,the attitude of the US government for cyberspace sovereignty has transformed from the original against cyberspace sovereignty to strengthen the supervision in cyberspace.China is the largest developing country and has the largest number of Internet user in the world,and the claim of cyberspace sovereignty has always been the core idea of our country in cyberspace governance.In recent years,China has clearly defined the concept of cyberspace national sovereignty in cyberspace legislation,which has achieved some legislative effect,but still has some problems such as vague legal provisions,low level of legislation,and uncoordinated responsibilities of various departments.From the perspective of the core interests protected by the United States and China’s legislation and the four levels of network space,the dispute focus of cyberspace sovereignty is the conflict of international governance in the cyberspace,and the core interest of cyberspace sovereignty is the national network security.National legislation and international governance practices in cyberspace have proved that,to effectively solve the conflict of international governance and ensure the network security,countries need to promote the international governance model of cyberspace and network security solutions based on cyberspace sovereignty.As a key platform for international governance of cyberspace,ICANN has always adopted the governance model as multi-stakeholder governance model.However,due to the control of the United States and the dominance of the western countries,themulti-stakeholder governance model has many problems in practice such as the lack of effectiveness and impartiality in decision-making.To promote the network security,safeguard the public interest and build an equal cyberspace,it is an inevitable choice to establish a cyberspace co-governance model based on the cyberspace sovereignty.With the enhancement of comprehensive national strength and the improvement of Internet technology,it is not only China’s duty to participate in the construction of international governance system of cyberspace,but also to safeguard the interests of China’s cyberspace.In the process of constructing the international order of cyberspace,firstly,we should uphold the principle of cyberspace sovereignty.Secondly,in the active practices of the cyberspace sovereignty principle,we should respect the cyberspace sovereignty of other countries,resist the hegemony in cyberspace and take scientific measures to safeguard China’s cyberspace sovereignty.In the process of constructing the international order in cyberspace,on the one hand,we should perfect the legislation in cyberspace,so as to provide a solid legal foundation for our diplomatic activities.On the other hand,we should promote the establishment of the international governance model of cyberspace on the basis of cyberspace sovereignty.Finally,our country should enhance the influence in the global cyberspace,and build the international order and international law system in cyberspace.
Keywords/Search Tags:Cyberspace Sovereignty, International Governance, Cyber Security
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