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SovereigntyinCyberspace:TheoryandPractice(Version2.0)(3)

Cyberspace is global in nature. It is difficult for any state to achieve effective governance in cyberspace solely through its own efforts. In line with the principle of cooperation in good faith advocated in the UN Charter, states should respect others as subjects of international law, follow the principle of extensive consultation, joint contribution and shared benefits, support multilateral and multi-party participation, and build a holistic governance system across multiple fields and levels to ensure the security and development of cyberspace.

IV. Peace

In interconnected cyberspace, the interests of all countries are deeply intertwined. All countries should act in conformity with the purposes and principles enshrined in the UN Charter, use the Internet for peaceful purposes, and settle cyber disputes by peaceful means. We should take effective measures to guard against the use of information and communications technology (ICT) to engage in activities that undermine peace, prevent an arms race in cyberspace, and prevent and fight cyberterrorism to maintain peace and security in cyberspace.

V. Rule of law

All states should make steady progress in domestic legislation and advance the rule of law in global governance in cyberspace, uphold the authority of international law, and oppose double standards. In the exercise of sovereignty in cyberspace domestically, states should protect the legal rights of their citizens, legal persons, and other organizations in cyberspace, and internationally, states should respect the sovereignty of others in cyberspace, and observe international law; states shall not use the Internet to interfere in the internal affairs of other countries or engage in, encourage, or support cyber activities that endanger the national security of other countries.

Sovereignty in Cyberspace in Practice

I. A number of important international documents have confirmed that the principle of national sovereignty applies to cyberspace.

The Declaration of Principles adopted at the World Summit on the Information Society in 2003 stated that “policy authority for Internet-related public policy issues is the sovereign right of States”. The Tunis Agenda for the Information Society adopted at the 2005 WSIS highlighted the key roles and responsibilities of national governments in the summit process.

In 2011 and 2015, the International Code of Conduct for Information Security put forward by China, Russia and other countries reaffirmed that “policy authority for Internet-related public policy issues is the sovereign right of States”.

The reports of the UN Group of Governmental Experts (UN GGE) in 2013 and 2015 stressed that “state sovereignty and international norms and principles that flow from sovereignty apply to State conduct of ICT-related activities”, and emphasized “the principle of sovereignty as the basis for increased security in the use of ICTs by States”.

The Leaders Communiqué of G20 Antalya Summit in 2015 affirmed that “international law, and in particular the UN Charter, is applicable to state conduct in the use of ICTs and commit ourselves to the view that all states should abide by norms of responsible state behavior in the use of ICTs”.

The Goa Declaration at 2016 BRICS Summit reiterated that “the use and development of ICTs through international and regional cooperation and on the basis of universally accepted norms and principles of international law, including the Charter of the UN in particular political independence, territorial integrity and sovereign equality of States, the settlement of disputes by peaceful means, non-interference in internal affairs of other States as well as respect for human rights and fundamental freedoms, including the right to privacy; are of paramount importance in order to ensure a peaceful, secure and open and cooperative use of ICTs”.

II. States are exercising sovereignty in cyberspace through legislative, administrative and judicial practices.

With regards to advocating and practicing principle of sovereignty in cyberspace, China stated at the 2nd World Internet Conference that respecting sovereignty in cyberspace is an important principle in the reform of the global Internet governance system. In the Law on Cybersecurity adopted in 2016, China embraces “safeguarding national sovereignty in cyberspace” as a fundamental purpose of cyberspace legislation. The National Cyberspace Security Strategy released in 2016 stresses that “national sovereignty extends to cyberspace” and upholds sovereignty in cyberspace as an important part of national sovereignty. The Strategy on International Cooperation in Cyberspace released in 2017 places the principle of national sovereignty on the list of the basic principles for international cooperation in cyberspace and regards “safeguarding national sovereignty and security” as the primary strategic goal of engaging in such cooperation. China has also made it clear that national sovereignty applies to cyberspace in the UN Group of Government Experts and the Open-Ended Working Group (OEWG), the Asian-African Legal Consultative Organization and in other multilateral fora.

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