Research On Measures To Maintain Sovereignty In Cyberspace In China From The Perspective Of Tallinn Manual 2.0

With the rapid development of the information and technology,cyberspace has become the fifth territory of human production and life after land,sea,space and sky.However,new problems and situations in cyberspace have challenged the traditional state sovereignty theory.The concept of network sovereignty has emerged and is gradually accepted by the international community.The series of network conflict events that have emerged in cyberspace threaten the national network sovereignty to a certain extent.The issue of cyberspace security and governance has risen to a national security strategy.Since the existing international rules do not cover the legal policies of cyberspace regulation,the NATO CCD COE published the Tallinn Manual on the International Law Applicable to Cyber Warfare and Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations,hereinafter referred to as "Tallinn Manual 2.0 in March 2013 and February 2017.They are committed to studying the application of existing international law in cyberspace.The successive publish of the two manuals reflects the increasing pace of Western countries,which are dominated by the United States and Europe,to seize the high ground of cyberspace governance and to gain the dominance of international rules for cyberspace.China's task of maintaining the security and stability of cyberspace is becoming more and more arduous.The Tallinn Manual 2.0 has been developed and improved in terms of compilation methods,working procedures,and especially the content system.However,there are certain defects and shortcomings.It is the product of Western countries competing for the right to speak in cyberspace.This thesis deeply analyzes the views on data sovereignty and countermeasures in the manual,and points out that the manual generally has the view of denying the jurisdiction of the country's overseas data and the tendency to expand the interpretation of countermeasures in the subjects,restrictions and conditions of countermeasures.It conflicts with China's fundamental position and interests.At the same time,the thesis is also concerned that some of the views of the manual in these two aspects are in line with China's interests and can be used by China.Based on the overall shortcomings of the manual and the viewpoints of data sovereignty and countermeasures,the thesis puts forward some targeted suggestions and measures for China to maintain sovereignty in cyberspace.Specifically,in terms of data protection,a method of constructing a data sovereign legal system and improving the cross-border flow mechanism of data is proposed.In the system of countermeasures,it is proposed that the relationship between the international dispute settlement mechanism and the countermeasures system should be handled reasonably.Meanwhile,by strengthening the construction of international law think tanks,strengthening personnel training,actively participating in the formulation of cyberspace rules,enhancing the protection of critical infrastructure of national networks and improving military combat capabilities,China's network sovereignty will be effectively maintained.