Conceptual and Legal Issues for National Cyber Sovereignty
摘要
The research delves into the intricate legal hurdles posed by cyberspace to the notion of sovereignty in both international and national legal frameworks, highlighting two pivotal aspects: issues stemming from the essence of sovereignty and those arising during its practical enforcement. Cyberspace introduces legal complexities to state sovereignty, given its inherent openness, which stands in stark contrast to the traditional closed nature prerequisite for sovereignty. The phenomenon of globalization exacerbates these complexities, as transnational governmental bodies and communities endeavor to leverage cyberspace for economic and cultural pursuits, thereby intensifying the clash between sovereignty and the inherent openness of cyberspace. The delineation of cyber sovereignty necessitates a delicate equilibrium between the principles of sovereignty and the unique characteristics of cyberspace to uphold their respective identities. A nuanced understanding of cyber sovereignty aids in delineating the actual scope of state jurisdiction in governing and regulating cyberspace, thereby addressing the legal dilemmas confronted by states in this domain. The research concludes that cyber sovereignty embodies an application of sovereignty in its conventional sense, rather than a mere synonymous concept. It advocates for international acknowledgment of this novel application and advocates for collaborative endeavors aimed at its regulation to tackle emergent issues in cyberspace, ensuring global security and stability.