| Since its introduction in 2013,the Tallinn Handbook of International Law on Cyber Warfare(i.e.,Tallinn Handbook Version 1.0)has sparked a scholarly debate around its rules regulating cyber warfare.The controversial issues in the first edition of the manual were revised again in 2017 by an international group of experts,the Tallinn Manual of International Law on Cyber Operations Version 2.0.In this book,firstly,it was clarified that state sovereignty applies to cyberspace,and secondly,the rules of cyber operations were rediscussed.However,the exercise of the state’s right to self-defense in cyberspace is still quite controversial.In this paper,we analyze and discuss the rules on the exercise of the right to self-defense in cyber attacks under the rules of the Tallinn Manual 2.0,and present our views on the controversial issues in the light of the latest clear view of cyber sovereignty in the Tallinn Manual 2.0.In Chapter 1,"Overview of the Exercise of State Self-Defense in Cyberspace,"we first discuss the concepts of "cyber war," "cyber attack," and "cyber In the first chapter,the concepts of "cyber war","cyber attack",and "cyber coercion" are clarified,the rationality of applying the concept of "cyber attack" is analyzed,and the premise of exercising the right of self-defense in cyberspace is clearly defined as being subject to "cyber attack".Secondly,from the perspective that the existing international law has blind spots in the regulation of cyber attacks and the special nature of cyberspace is not applicable to modern international law,the necessity of regulating cyber attacks is analyzed.Transl In the second chapter,"The Evolution of the Tallinn Manual and the Analysis of its Concept of Cyber Sovereignty",the first chapter analyzes the changes of the concept of cyber sovereignty and the rules of the exercise of cyber self-defense in the evolution of the two editions of the Tallinn Manual.Secondly,as the theoretical basis for the exercise of the state’s right to self-defense-the infringement of sovereignty the Tallinn Manual Version 2.0’s view of cyber sovereignty is analyzed,and its highlights and shortcomings are argued.The third chapter,"Analysis of the Tallinn Manual Version 2.0 Rules on the Right of Self-Defense," is the main focus of the article,and provides a comprehensive analysis of the Tallinn Manual Version 2.0 rules from the premise and limits of the exercise of the right of self-defense.The definition of "cyberattack" is inadequate,and the characterization of attacks by terrorist organizations is unclear.In Chapter 4,"Reflections on Cyber Attacks and the Exercise of the Right to Self-Defense," we propose measures from both the international and domestic perspectives to address the problems of this edition of the manual as summarized in the previous analysis.At the international level,we should use international norms as the framework and avoid the deficiencies in the Tallinn Manual in the process of unifying the applicable norms of international law on cyber operations,while respecting sovereign states and balancing their positions in cyber governance.At the domestic level,it is necessary to consolidate theoretical research,improve the corresponding safeguard mechanism and build a strong military defense force. |
