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International Law Salon Newsletter: New Developments in Tallinn 2.0 and International Rules of Cyberspace
发布者: 发布时间:2018-10-18 16:24阅读:

On March 31, 2016, the Academic Salon of the Institute of International Law of Wuhan University was held as scheduled in Room 323. Professor Huang Zhixiong from the Institute of International Law of Wuhan University gave a wonderful lecture entitled "Tallinn 2.0 and the New Development of International Rules for Cyberspace".

 

Professor Huang Zhixiong’s report is divided into five parts: the background and progress of the “Tallinn 2.0”, the main content of “Tallinn 2.0” and some controversial issues, some thoughts on “Tallinn 2.0”, and how China responds to “Tallinn 2.0”. "The new trend of the development of international cyberspace law.

 

First of all, Professor Huang introduced that “Tallinn 2.0” was compiled on the basis of the Tallinn Manual (which can be called “Tallinn 1.0”) released in 2013. Different from "Tallinn 1.0", the members of the "Tallinn 2.0" expert group have become more internationalized. The content emphasizes the "real law" rather than the "should be law". During the formulation process, the comments and opinions of governments are emphasized. The document is expected to be submitted in early July 2016 and will be published in January 2017.

 

Secondly, Professor Huang introduced that "Tallinn 2.0" is divided into 15 chapters, including international sovereignty, jurisdiction, state responsibility, human rights law, the law of the sea, and the law of diplomacy. The styles of each chapter contain two modes: the rules that are unanimously adopted and the commentary in different views. Involving the controversial issue, Professor Huang outlined some of the content, including disputes between data sovereignty and jurisdiction, and issues of prudential obligations in the network.

 

Subsequently, Professor Huang put forward some thoughts on the "Tallinn 2.0" that he personally participated in. The first point is the dialectical relationship before the scholars' theory and the "experts making the law". The second point is dialectical relationship between the lack of the basis of the real law and the leading of development of the real law.

 

Finally, based on the status quo of China's online legislation, Professor Huang proposed several strategies for China's response: First, China should pay close attention to and in-depth study "Tallinn 2.0" and the development of cyberspace international law reflected behind it, which needs to be given a certain Pay attention to it. Second, China should participate in the formulation of international rules for cyberspace with greater urgency and clarify China's position and proposition. Third, China should increase its team building and personnel training, vigorously cultivate compound and international reserve talents, and gradually enhance the international voice.

 

In the questioning session, the teachers and classmates present presented personal suggestions and had heated discussions. Professor Nie Jianqiang, Professor Shi Lei and Professor Li Xueping from the Institute of International Law conducted in-depth discussions on how to apply existing international law to cyberspace, how to improve the voice of China, and advance the process of China's network legislation.

 

The academic salon was hosted by Professor Nie Jianqiang, Deputy Director of the Institute of International Law at Wuhan University. Feng Jiechi, Liang Wenwen, Liao Li and other teachers and some doctoral, postgraduate and undergraduate students the Institute of International Law attended the salon. (Contributor: Liu Wei, Student, Institute of International Law, Wuhan University)