On Juridical Status Of United Nations In The International Cyberspace Governance System

With the coming of Information Era,the global Cyberspace has been formed by the basement of deployment of Internet infrastructures,the Cyberspace Governance has already become an important issue for the international community to discuss about,for which has been risen the significance in the global governance agenda as well.Since the World War II,the United Nations,the world's most important international organization,has been committed to "maintaining world peace and stability and promoting world progress and development".From the beginning of this century,the United Nations began to take a series consideration to this issue,initiated by the International Telecommunication Union,the United Nations General Assembly resolved at the World Summit on Information Society meeting in 2003 and 2005 also reached a series of achievements,in the last 12 years,the Internet Governance Forum has been scheduled on time every year.However,due to the history of Internet development,the United Nations has not played a key role on Global Internet Governance from the beginning,nor has the juridical status to manage the global Internet independently.However,with the depth of the integration of Internet and all aspects of social life,Internet governance only stay in the basic level,a lot of issue toward cyberspace,in which case shall the United Nations admired as a kind of juridical status in international cyberspace governance system is the core issue of this paper proposed to solve.Due to the constant expansion of the cyberspace connotation and denotation,establish the international order is different behavior body through the corresponding system arrangement to establish international standards,so as to solve the problem of different levels and conflicts in the process.But,in this process,many questions remain unclear.On the one hand,what is cyberspace?What is cyberspace governance?How to form the cyberspace governance system?On the other hand,what kind of actors could participate in cyberspace governance?Shall the participant whether or not legitimate,depend on the establishment of the governance platform,the structure of the participating actors and the allocation of rights and obligations.In this paper,the second chapter focuses on the current cyberspace governance system,especially on the conflict of the concepts of Internet governance and cyberspace governance,and from the perspective of historical to describe the development and change of the cyberspace governance system.Facing to these different actors in different dilemma,different attempts have been made,and the history and current situation of the United Nations in the cyberspace governance system will be introduced in the third chapter.Cyberspace governance system is the formed to generate the international rules in cyberspace,and the differences from other international issues are the formation of the cyberspace rules depend on specification enabler of publicity and persuasion,also depends on the system of regulating the promoters to persuade relying on the platform.Therefore,the "main body" formed by the persuaders and the "platform"of their interaction constitute the system of governance.Whether a series of international juristic actions made in the governance system has the validity of international law,it is necessary to seek the relevant basis for its legal status in international law.In international law,the acquisition of juridical status is related to international practice,and the basis of the source of the legal status of the United Nations in the cyberspace governance system will be elaborated in the fourth chapter.According to international conventions,study the international juridical status of an international organization,the degree of need from the international legal personality,the powers and functions,the number of members,the relationship between its members,the review process,structure and facilities as well as the constraints of their rules and so on various aspects were analyzed.The United Nations' actions in a series of international cyberspace has demonstrated its willingness to shoulder the responsibility of international law.The juridical status of the gain in active bear legal responsibility at the same time also should have corresponding rights,international law and the legal status in the United Nations system of governance in cyberspace and should be how to,this article will take place in the fifth chapter of this paper.Finally,the paper concludes that in the governance system of the United Nations in cyberspace should have proper juridical status,this will help the formation of cyberspace governance system,promote.the cyberspace governance out of the woods.