Towards the International Rule of Law in Cyberspace: Contrasting Chinese and Western Approaches
Chinese Journal of International Law
Oxford University Press (OUP)
© The Author 2017. Published by Oxford University Press. All rights reserved.
Reason for embargo
Under embargo until 3 July 2019 in compliance with publisher policy
China and Western countries have repeatedly portrayed each other as potential or actual adversaries in cyberspace. Yet, both sides ostensibly subscribe to an international consensus that cyber operations must be subjected to the rule of law. Against this background, the article examines five key aspects of the rule of law in cyberspace, which are ordinarily understood as areas of contention: (1) preferred method of identification and development of international law; (2) competing models of cyberspace governance; (3) application of sovereignty to cyberspace; (4) question of militarization of cyberspace; and (5) legality of cyber espionage. Our analysis demonstrates that it is inaccurate to view China and the West as sharply divided and competing camps. Rather, the emerging picture reveals a web of relationships and views that reflect an overall trajectory of convergence, even if modest in scope and velocity.
Research on this topic was supported by the Major Projects of National Social Science Fund of China (Grant No.: 16ZDA074)
This is the author accepted manuscript. The final version is available from OUP via the DOI in this record.
Vol. 16 (2), pp. 271-310