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本文拟从国际法角度对网络安全进行研究。网络安全问题已经成为当前国际政治和安全领域的重要问题,引发大量国家之间的纠纷和摩擦,这凸显了现有网络安全国际法律规范的不足。尽管早于1988年始,国际社会就开始了对于网络安全的国际造法进程,但是现有网络安全国际法律规范仍存在很多不足,这体现在专门针对网络安全制定的国际法律规范数量较少,效力不高,而传统国际法如何适用于网络空间仍存在较大争议。这一现状的背后反映出国际法规制网络安全问题所存在的政治、法律和技术困境。自2010年开始,我国开始积极参与网络安全国际造法进程和国际治理活动,发挥了日趋重要的作用,可能为破解当前网络安全国际立法和治理的困局作出贡献。
This article intends to study cybersecurity from the perspective of international law. The issue of cybersecurity has become an important issue in the current international political and security field and has triggered disputes and frictions among a large number of countries. This highlights the shortcomings of the existing international legal norms of cybersecurity. Although as early as the beginning of 1988, the international community started the process of international making of cybersecurity. However, there are still many deficiencies in the existing international cyber security norms, which are reflected in the fact that there are only a few international legal norms that are specifically formulated for cybersecurity Not high, but how to apply the traditional international law to cyberspace is still a big controversy. Behind this situation reflects the political, legal and technical difficulties that exist in the cyber security of international law and regulation. Since 2010, our country has taken an active part in the international legal process and international governance activities of cybersecurity and has played an increasingly important role in contributing to cracking down the current dilemma of international legislation and governance in cybersecurity.