China and International Law in Cyberspace

Abstract

As a recently thriving domain that caters to human activity and international relations in digital forms, cyberspace is essentially a man-made space with unique features, in that it is interconnected globally, borderless among states, and ultimately technology-driven. Active in this domain are cyber activities characterized by their anonymity and instantaneity, which translate into legal challenges in terms of attribution and effective regulation. While states tend to agree that cyberspace should not be left out of the rule of law, including international law, examining how existing international law (lex lata) could apply in the context of cyberspace is still an evolving endeavor in terms of both state practice and academic research. Since the year 2000, states, especially those with stronger cyber capabilities, have played a competitive game striving for greater influence, and some for dominance, in international legal governance of cyberspace. It is commonly believed that the future of international law in cyberspace will be largely shaped by such interactive process among states. Being primarily a rule-taker in the current Western-dominated international legal system, China seeks to speak up as a rule-maker in cyberspace, actively advocating for a Chinese perspective on international law applicable in cyberspace. In general, China puts more emphasis on the role of sovereign states in the international governance of cyberspace, and highlights concerns on cybersecurity and strategic stability. China prefers a multilateral approach to the regulation of cyberspace, especially through the UN platform, as compared to a multi-stakeholder approach. China has been a driving force in the UN Open-Ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security and its predecessor, the UN Group of Governmental Experts (GGE) on Advancing responsible State behavior in cyberspace, as well as in the UN Ad Hoc Committee on Cybercrime. Domestically, China is building up its cyber capacity in terms of both hard power and soft power. The Cyberspace Administration of China (CAC) acts as the leading agency to design the state’s strategy on international governance of cyberspace. China’s Ministry of Foreign Affairs (MOFA) plays an important role in carrying out the diplomatic engagement and treaty negotiations for the country. A scholarly community on international law in cyberspace is quickly burgeoning among China’s universities and think tanks, which leads to interdisciplinary interaction among scholars from international politics and international relations. Apart from the “General Overview” section, this entry is organized according to major branches and topics of international law in cyberspace, with a closing section specifically dedicated to China’s state practice in this regard.