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A Study On Legal Issues Of Cyberspace Sovereignty

Posted on:2020-03-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:J CaiFull Text:PDF
GTID:1486305882988789Subject:Law · International Law
Abstract/Summary:PDF Full Text Request
Cyberspace sovereignty is a basic issue in construction of network system and effective network governance.Who should be the masters of the network sovereignty and be dominant.Who will be the architects and provide the rules of the game.The current global network development very unequal as developed countries as compared to developing countries have a widening digital divide;with an uneven distribution of network resources.The network space is a big challenge for global governance.This article aims to offer an international law perspective where the aim is to discuss the basic challenges that cyberspace sovereignty faces.The first chapter mainly outlines the challenge that state sovereignty under the network environment offers.The chapter will discuss elements such as the sovereignty concept and its main elements and how international law is applied and developed.The internet is a major factor specifically with reference to our globalised societies.Therefore the sovereignty theory must not be “absence” and “aphasia”.The second chapter mainly studies the legal basis of cyberspace sovereignty.By analysing the defects of free space and the global common factors,the chapter will explain the rationality of the natural extension and the common practices of the international community;cyberspace is not “enclave” outside the law.With the further development of cyber space and governments awareness of cyber space challenges,the international community has accepted that network sovereignty is increasing.The third chapter mainly studies the added implications that cyberspace sovereignty faces.It will further outline the notion of national sovereignty,in combination with the basic characteristics of cyberspace,to further define the cyberspace sovereignty and analyze the characteristics of cyberspace sovereignty.Thereafter,the paper will discuss the effectiveness of network sovereignty.In addition the research will discuss territorial factors such as land,sea,airspace etc.;and the “led net weight” element will also be discussed.Sovereignty in the era of large data,data that is important content for cyberspace sovereignty.Sovereignty does not mean complete control over the data but more to adhere to the principles for the free flow of data with reasonable limitations.The fourth chapter mainly discuss cyberspace governance.From the root domain of sovereignty for network space governance,the technology of the early governance mode,multiple stakeholders' governance mode,ICANN's lack of legitimacy and transparency points to the essence of the development trend of ICANN's reform.Through the analysis of the current network space governance dilemma,the network space management needs to be discussed and developed simultaneously and the role of sovereign dominance needs to be analysed.Furthermore,a more pragmatics and flexible attitude needs to be applied when using the existing ICANN governance framework especially when implemented within the international community.The fifth chapter mainly studies the cyberspace sovereignty and the rules that govern the space.The need to exercise network sovereignty is necessary for the development of international legislation.The fifth chapter mainly studies the important issues and specific rules of the exercise of cyber sovereignty.The need to exercise network sovereignty is necessary to develop the corresponding international legislation.On the one hand,it is necessary to reasonably apply the existing norms of international law,and the other The party should play the leading role at the United Nations and promote the transition of cyberspace legislation from "soft law" to "hard law." While cyberspace exercises sovereignty,it should also take the responsibility to not violate the sovereignty of other countries' networks.Obligations such as the principle of force and careful attention are prohibited.The state's obligations to its netizens are mainly reflected in the network.In terms of human rights protection,in the era of large data,privacy protection should be of higher importance within the agenda...
Keywords/Search Tags:cyberspace, sovereignty, natural extensions theory, data sovereign
PDF Full Text Request
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