A new round of global scientific and technological revolution and industrial changes with digitalization and intelligence,Promote humans into the digital age。This greatly changes people's production and lifestyle and national communication methods,and the digital transformation of international law。In the order construction and rules game of digital space,International Law in value orientation、Specification System、Behavioral attribution、The uncertainty of the determination of the responsible subject is significantly enhanced,Specific rules also accelerate evolution。How to cope with the risks and challenges in the digital transformation of international law,It has become a question of an era。
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Current,Big Data、Cloud computing、Blockchain、Artificial Intelligence、Digital technologies such as quantum computing gradually become a direct driving force for social development。Digitalization changes the power boundary of the national behavior,bring risks to international security,and inject new connotations into the game of the big country。At the same time,Technology companies participating in digital technology development and use and digital space governance、academic groups and even ordinary people such as non -national behavior,Have a greater influence in international relations。Based on the above -mentioned underlying logic,The international law of the digital era needs to be transformed and upgraded in many aspects。
First,The international law in the digital field presents the situation of "national retreat" to a certain extent。Due to the novelty of related bet365 Play online games issues in the digital field、complexity and high political nature,Slow consultation between countries、Not easy to reach a consensus。and Internet companies、Academic groups and other non -national behaviors are based on the advantages of technical resources,Participated in the international law through a more diverse way,Including the process of participating in multiple interests,Provide expert opinion guide,Published a statement independently、Report and initiative。For example,The "Tarin Manual" and "Oxford Process" initiated by academic groups,In recent years, many countries have been used as an important reference material for the official position statement,and the basis for demonstrating the claim of the country's field。Of course,Non -national behavior lacks due accountability system、transparency and representative,A legitimacy crisis that may bring international law。
Next,The legal relations and physical rules of the international law are impacted by digital technology。On the one hand,Digital technology makes non -national behavior (such as individual、Hacker organization, etc.) Get unprecedented ability to move,Bet365 app download sovereignty、No interference、Forbidden use of force such as force or legal system that is suitable for behavior or legal systems suitable for national behavior is not enough to deal with new security threats,International legal relations centered on the country is impacted。On the other hand,Due to the different characteristics of digital space and physical space (such as interconnection interoperability, etc.),Under the principle consensus applicable to international law,There are large differences in the construction of specific rules in various countries。For example,The connotation and application threshold of digital space sovereignty、No interference and "compulsory" requirements、Whether the network attack that has not caused physical impact can constitute using force and force attacks, etc.。
Last,Digital technology affects the implementation of international law and compliance。In terms of positive aspects,Digital technology can provide new tools and solutions for the implementation of international law,For example, collectable、Analysis、Verify and report data information about whether the country or international organizations comply with international regulations; artificial intelligence tools can also help countries implement international law,For example, by developing and deploying sensors to detect behaviors violating weapon treaties,and use artificial intelligence to monitor these sensors。In terms of negative aspects,The characteristics of the digital space give the attribution of illegal behavior、The jurisdiction system and multinational judicial cooperation have brought challenges,and restrict diplomatic pressure、Negotiations、mediation、Arbitration、Ruling、Sanctions and other international law implementation mechanisms play a role。other,Digital technology can be applied to unfriendly or hostile state behavior,How to attribute this、How to determine the legitimacy and how to divide the responsibilities of different behaviors in the boundary,There are large uncertainty,The international community has not reached a consensus。
Digital technology brings challenges to international law
Digital space developed based on modern information and communication technology,Unprecedented deepening the interconnection and interdependence of countries around the world,The entire humans are accelerating to form a real "Destiny Community"。At the same time,Geopolital games and camps in the digital Bet365 app download field are continuously strengthened,"Digital Gully" becomes a major obstacle to equal participation in digital space governance in various countries,International Law value、specification、The stability of the rules has been impacted。
First,The value orientation of the international law is swinging between the individual and the national standard。Personal user is the most important user of digital technologies such as the Internet、beneficiaries and victims of illegal behavior,How to protect the human rights of digital space,Including privacy、New human rights such as speech and expression of freedom, as well as new human rights such as "Internet rights",It has become an important issue that has attracted much attention。But at the same time,Due to digital space for sovereignty in various countries、The fundamental importance of security and development benefits,Countries have strengthened their digital sovereignty,The "national standard" color of relevant international laws and policies has also been strengthened。
Second,The standard system of international law is full of uncertainty in development paths and specific rules。On the one hand,As far as the development path is concerned,Digital space should be applicable to the existing international law rules of the physics world or "separate stoves" to formulate a new special treaty or habitual rule,It has become a key question for a country in recent years,and affect the construction of the international legal system of the digital space。On the other hand,For specific rules,,Disputes such as the standards of use of force。In the digital space this "no smoke battlefield",What actions taken by digital technology can constitute "use force" in the sense of international law,There is no conclusion on this problem,and make the traditional international law of the time of war bet365 live casino games and the usual law,It is difficult to apply accurately in the digital space。
third,Due to the anonymity of digital space behavior and low threshold for private use digital technology,The attribution of related behaviors at the technical level,That is to determine who the behavior is launched,Attribution of legal level,Is whether the actor has sufficient association with a specific country -all difficulties and heavy,Therefore, it is difficult to determine the subject of the responsible responsibility of illegal behavior。For example, Estonia was attacked by large -scale networks in 2007、2018-2019 Venezuela Electric Power System has been attacked by cyber attacks,In the end, because it is difficult to determine the subject and the responsible subject, it is not available。
Fourth,Bet365 app download sovereignty、No interference、Forbidden use of the concept of international law established for physical spaces forbidden、rules and systems,It is difficult to adapt to the inherent characteristics of digital space,Need to reshape and transform and upgrade the connotation。It is worth noting that,The so -called "Russia Interference in the United States Election Incident" in 2016 has a series of international development indications,Many traditional international laws are mainly aided by relatively weak non -Western countries,Rules and systems that fight against foreign aggression and interference,It is getting more and more attention from Western countries,The right to formulate the rules of the digital space and the international discourse right compete for unprecedented fierce、Complex。
Uncertainty in the above four aspects,To a certain extent is the inevitable result of the construction of international order in the digital field,But at the same time to the development direction of international law、The physical content and effective implementation have brought great challenges。
Digital Era Requirement International Law Guide to Positive Innovation
Current,Unexplicous development of digital space、The rules are not sound、Unreasonable order and other issues are more prominent,Urgently needs to be developed on the basis of keeping positive and innovation、Improve the relevant international legal system,Give full play to the role of "compressor stone" and "stabilizer" in digital space governance。
On the one hand,Due to the in -depth blending of digital space and physical space,Digital space is largely extended to physical space,Existing international law is applicable in digital space,This is the principle consensus reached by the international community。Especially the sovereignty equality stipulated in the UN Charter、Do not interfere in the internal affairs、The basic principles of international law forbidating the use of force are not outdated,These basic principles are not just the indispensable "heavyware",It is the joint construction of harmony in all countries、mutual benefit、"Wang Tao" in the win -win digital space,You must persist。
On the other hand,In view of the unique attributes of digital technology and digital space and the profound social change brought by it,Related international law should not be self -proclaimed because of it,It should be based on personal legitimate rights and interests、State sovereignty and human common interests,Development with the times。The international community must think deeply: How can the international law system based on the physical world "lasting" and "vomit new",New problems in digital space effectively、New Challenge。In addition to the applicable applications of the existing international law,You can consider cracking down on cyber crimes and cyber terrorism、Cross -border data flow and other fields formulate a specialized new treaty or habitual rule,To meet Bet365 app download the regulation requirements of the increasing urgency of the use of digital technology。
In the final analysis,The lasting international rule of law must reflect the interests of the entire international community。For this,Simmented digital gap,"Good Law and Good Governance" of the International Law of the Digital Age,It should be the common goal of all members of the international community,It is also a long -term measure to better respond to the needs of the "digital transformation" needs of international law。
(The author is deputy dean and professor of the School of Law of Wuhan University)
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