Research On State Due Diligence In Cyberspace

The internet technology develops rapidly,which brings great convenience to human's life but results in frequent international cyber-attacks.Even though many states begin to legislate on cyber space,a binding international law system of cyberspace has not formed yet.Tallinn Manual 2.0 published in 2017 is a model law that provides a comprehensive system of cyberspace international law.This paper will study on the due diligence principle stipulated in Tallinn Manual 2.0 by document research,comparison and history research.First,this paper discusses the necessity of due diligence principle in cyberspace international law taking the prominent problems in the cyberspace and the characteristics of the cyberspace into consideration.Next,this paper introduces content of due diligence principle in current International law and the due diligence principle stipulated in Tallinn Manual 2.0 as well as the feasibility of the application of due diligence in cyberspace.Furthermore,this paper analyses how due diligence principle would be applied to cyberspace based on the Tallinn Manual 2.0 including the subject,the performance and the consequence of violation.Finally,this paper makes a comment on the application of due diligence in cyberspace.Where the due diligence principle applied,the responsible states would be more in one cyber operation infringing sovereignty and the difficulty to claim liability would be less.However,the due diligence principle would be more likely to result in deviation of responsible party,more self-protection by the victim state,less international cooperation,and destroy the peaceful order of performing international law by each state.Hope this paper may be used for reference when the state participates in the cyberspace international law legislation.