主权的法律概念与网络治理.pdf

1、The Legal Concept of Sovereignty and Cyber Governance主权的法律概念与网络治理Rogier Creemers商罗吉Leiden University荷兰莱顿大学Sovereignty主权 Internal external Relational Government in the middle between domestic and international spheresInternal sovereignty内部主权 Gradual evolution in European political reform during Renai

2、ssance Central question:who has final legal authority Gradual development of mutual rights and obligations between state and citizen Authority mediated through legal meansExternal sovereignty外部主权 Product of religious wars in 17thCentury Became the basis for interstate interaction in Europe through p

3、ublic international law For non-Western nations,recognition of sovereignty became important symbol of modern statehood.Conditional sovereignty有条件的主权 Since mid-1970s,efforts to introduce requirements concerning human rights into(Helsinki Accords)After the end of the Cold War,development of concepts s

4、uch as Responsibility to Protect(R2P)and pre-emptive military action.Absolute sovereignty?绝对主权？In theory,yes.In reality,no.Voluntary Pooling of sovereignty International agreements Involuntary Low capabilities Conditional aidSovereignty in cyberspace?在网络空间的主权？Early expectations concerning the irrele

5、vance of the state were unfounded.Since the early days of the Internet,governments have attempted to establish jurisdictional control over Internet processes.Governments defend national assets and interests.Belated recognition of sovereignty in cyberspace(London Process,UN GGE)is more important in r

6、hetoric than reality.Nevertheless不过 Importance of multistakeholderism:states are not the only important players Importance of trade:lower barriers are necessary to unleash the potential of the digital economy Sovereignty creates obligations