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Justification Of "Sovereignty Of Cyberspace"

Posted on:2020-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:R H LiangFull Text:PDF
GTID:2416330590486521Subject:Law
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The cyberspace and the real space have the dimensionality overlap,the cyberspace activities are closely related to the personal information interests and macroscopically related to the national security interests,therefore,the strategic position of the virtual space in the Internet era is beyond doubt.Whether there is a disagreement in the international arena in the space field.Countries that claim to be included in the scope of national sovereignty in cyberspace are represented by China and Russia,General Secretary Xi Jinping has more than 20 important speeches on the development of the Internet,the "four basic principles of Internet governance" with the core of respect for national network sovereignty are proposed.The country that advocates the negation of cyberspace sovereignty is represented by the United States and believes that cyberspace is free.It cannot be ignored that the existence of sovereign states is still a universal international practice,and the concept of sovereignty has not died.The scope of sovereignty continues to expand with the advancement of human science and technology,manifested from traditional territorial sovereignty to territorial sovereignty and airspace sovereignty.Then,under the new situation in the Internet era,can we claim national sovereignty over cyberspace? What is the basis? General scholars define national sovereignty in cyberspace as network sovereignty,to maintain the inertia of an inertia and naming,the title of the network and the network of the network is more reasonable.China's mainstream view holds that the sovereignty of the network is a natural extension of national sovereignty in cyberspace.Observing from the evolution of the concept of sovereignty can prove the rationality and legitimacy of this view.Justification of “Sovereignty of Cyberspace” first need consider of what is justification,according to the definition of justification by John Simmons,Christopher Maurice,and David Schmitz,the justification is to make the proved object reasonable.From the continuous evolution of the concept of sovereignty,we can find that its evolution has certain logic to follow,the right to lead the network is the natural extension of national sovereignty in cyberspace.At this time,it is only the rationality of the concept,but it is not enough to become the rationality of the meaning of international law.The international community is a place for the coordination of will between countries.Whether cyberspace is a category of national sovereignty still needs universal recognition.Therefore,it is also necessary to consider whether the rights of the network are reflected in the international regulations,or whether they constitute an international habit.The current situation is that there is no relevant general consensus in the world,but it is in line with the objective requirements of international custom.Whether cyberspace is under the jurisdiction of state sovereignty is still unclear in the international arena.The road to seeking common ground is long.China should continue to express its cyberspace sovereignty and clearly strengthen its core technological innovation and deepen international cooperation in cyberspace.
Keywords/Search Tags:sovereignty, territorial cyberspace, sovereignty of cyberspace, cyberspace
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