Chinese Approach to International Law with Regard to Cyberspace Governance and Cyber Operation: From the Perspective of the Five Principles of Peaceful Co-existence

Abstract

Since sovereign States under international law are still the dominant force in coping with cyberspace threats and carrying out international governance of cyberspace, the Five Principles of Peaceful Coexistence, initiated by China, have their unique advantages in cyberspace application. In the process of constructing international norms of cyber security and cyber operation, it is necessary to develop their new significance. Firstly, cyberspace sovereignty is the extension of State sovereignty in cyberspace, so cyber sovereignty should be mutually respected. Secondly, each State should promise not to infringe, attack or destroy the cyberspace of another State, while each State bears the responsibility and enjoys the right to protect its cyberspace from threat, interference and destruction. Thirdly, cyberspace should not be utilised to interfere in the internal affairs or destabilise the political, economic and social order of other States, and the diversities of cyberspace policies in different States should be respected. Fourthly, all States should fulfil their duty on international cyberspace governance and enjoy cyber fruits together, thus enabling a democratic and transparent governance mechanism to be established. Lastly, cyberspace should be a peaceful, secure and open space, in which China is dedicated to strengthening cooperation with other countries, maintaining cyber security together, and building a shared future for humankind.