Research On The Regulation Of International Law On Cyber-attacks

In recent years,the number of cyber-attacks is acceleration,leading to increasingly serious losses.However,the international community has not come to an agreement on specific issues of the regulation for international law over cyber attacks,nor there is an international treaty with legal authority and binding on it.Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations(hereinafter referred to as Tallinn Manual2.0)was born in such a dilemma.As an international soft law,Tallinn manual 2.0 has no legal authority and binding but can only be a reference.However,the manual contains wartime law and peacetime law,which could not only make up the existing gaps in the international law of cyber-attacks but also play as practical guidance.It is one of the most important research results in dealing with cyber-attacks at the current stage.However,problems still existing in Tallinn manual 2.0.The provisions of Tallinn Manual 2.0 for due diligence and necessity may cause the situation of applying the current international law in other fields of international law directly to cyber-attacks.At the same time,the applicable threshold of relevant provisions has been excessively reduced.This paper makes an in-depth study of Tallinn manual 2.0 and analyzes its existing problems and improvement methods.On the one hand,it could make clear the problems existing in the application of current international law to cyber-attacks;on the other hand,it provides a reference for the further development of theregulation of international law on Cyber attacks.Problems that this paper focuses on and writing ideas of this paper are as follows: firstly,this paper defines the concept and characteristics of cyber-attacks,analyzes the legal regulations of China,the United States and the European Union on cyber-attacks,discusses the consensus of the international community on the regulation of cyber-attacks in international law,as well as clarifies the existing problems of the regulation of cyber-attacks in international law.Secondly,this paper discusses the background and main contents of Tallinn Manual 2.0,clarifies the value of the researches on Tallinn Manual 2.0,and analyzes the problems existing in Tallinn Manual 2.0.Thirdly,this paper makes a depth study of the problems existing in Tallinn Manual 2.0 and puts forward some suggestions for the improvement of Tallinn Manual 2.0.Finally,based on the above research,this paper takes Tallinn Manual 2.0 as a perspective to explore the enlightenment of Tallinn Manual 2.0 for the regulation of international law on cyber attacks and for China's response to cyber-attacks.