The Right Of Self-defence Research Of Cyberspace

Since the nineties of the 20 t h century, the applications of network software in military prevailed, the cyber space became battlefield and the term of Cyber War became widespread from the US. C yber War receives much concern from the international community as it is threatening the network sovereignty severely. In response to the harm of the international network security from the cyber warfare, the North Atlantic Treaty Organization convene panels to study and analyze the application problems of cyber warfare of the current international law, and eventually published Tallinn Manual on the International Law Applicable to Cyber Warfare. This manual represents the main position of the west ern countries in the most disputable problems of application problems of cyber warfare of the current international law, and the most controversial problem is the self-defense in cyber warfare. Combined with the first part of the Tallinn manual “International cyber security law”, this paper analyzes the appearance and the concept of the Cyber War, the network sovereignty, and expounds the background and content of Tallinn Manual, the origin of thought of jus ad bellum, the application of the positive international law in self-defence and offers opinions to the defect of the main point of the Tallinn Manual with some analysis of the actual situation. F inally this paper puts forward suggestions including redistribution of network resources, the return of the state actors, the unification the cyber law applicable standards and C hina shall be active to express position in respond to the problems of how to maintain the international internet security and how can China maintain its own network dominance.