网络战争的国际法规制和中国对策——从北约《塔林手册》切入

Abstract:The core legal controversy over cyber warfare，which is a frontier issue in the field of cybersecurity legal governance，lies in the question of whether the current international law is completely applicable to cyber warfare，or a new set of international law needs to be created to regulate this new type of warfare. The Tallinn Manual was written by an international group of experts at the invitation of the Tallinn-based NATO Cooperative Cyber Defence Centre of Excellence. Although it is known as “the first code of rules on cyber warfare” that restates the applicable existing international law，on many key legal issues it is in fact more the result of creation of new rules than a restatement of existing international law. In view of the current situation in the field of cybersecurity and cyber warfare，the author of this report suggests that China take the following legal countermeasures：to fight for the discourse power in the interpretation of international law applicable to cyber warfare，to implement the Cybersecurity Law under the guidance of “the overall national security outlook”，to promote international legislation on cybersecurity，and to avoid the “militarization” of cyberspace.

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