Working Together to Build a Harmonious and Progressive International Cyberspace Order
Remarks by Dr.Huang Huikang, Legal Adviser of the Ministry of Foreign Affairs of the People’s Republic of China,
at the Seoul Conference on Cyberspace, Seoul, 17 Oct. 2013
Mr. Chairman,
Your Excellencies,
Distinguished Delegates,
Ladies and Gentlemen,
Let me start by expressing our sincere thanks to the Government of the Republic of Korea for hosting this important Conference on cyberspace. The organizational work of the conference is excellent and impressive. The warm hospitality of the host is highly appreciated.
Last month, the 2013 ASEAN Regional Forum workshop on cybersecurity was held in Beijing, co-hosted by China and Malaysia, which demonstrated the efforts to advance the momentum of dialogue and cooperation on cyber issues at regional level. Today after London and Budapest, the third leg of "London Process" is here in Asia, a region with profound historical and cultural heritage, a region with nearly half of the global internet users, and a region with dynamic economic and social development. I believe this will make the Seoul Conference a big difference, and I wish the conference a great success!
Ladies and Gentlemen,
The Chinese delegation is glad to notice that the Seoul Conference devotes a whole Plenary Session to the theme of "beyond digital divide, towards global prosperity", we are also inspired by the very fact that more countries and delegates are concerned about the issues related to digital divide, rather than continuing to overemphasize the protection of individual freedom online and offline, ignore governmental responsibility to ensure a sound and balanced cyberspace order, necessary regulation as well as the obligation of internet users. In addressing the digital divide, a more comprehensive and balanced approach is needed. Having said that, Iwould like to take this opportunity to share the views of Chinese delegation on the issue of cyberspace order, which has drawn wide attention by the international community. In short, the international cyberspace order we envision should be based on harmony, aimed at common progress and achieved by collective efforts.
Firstly, the international cyberspace order we are seeking is harmonious in nature.
---Our goal is just to build a peaceful, secure, open and cooperative cyberspace. It is more than just keeping it away from the flames of war, but a more proactive vision of peace and security that seeks to eliminate from cyberspace all forms of "hot war", "cold war" or "cool war". We must protect cyberspace as we protect the earth environment, so that all nations can live in harmony in cyberspace.
---We hope that cyberspace can be a platform for various countries and peoples to carry out equal-footed exchanges and learn from each other. The aspirations, identity and values of all nations should receive understanding and respect in cyberspace. The Internet must not be allowed to become a tool for promoting cultural hegemony, practising cultural colonialism or smearing other countries’political systems.
---Essentially, what weare seeking is the rule of law and democracy in cyberspace.
From the legal perspective, while technical standards and industrial norms mattered most in the early stage of the internet, we need laws and regulations to guide its current and future development. The rule of law should become the basic approach to enhancing Internet governance and cyber security. The development of internet does not change the international order with the UN Charter as its core. International cyberspace governance must follow the principle of state sovereignty and non-interference in other's internal affairs enshrined in the UN Charter. This is the cornerstone to anchor a just and equitable international order in cyberspace. Furthermore, the principle of non-use of force must also be followed. As many previous speakers have emphasized, that internet must be utilized properly. However, in recent years there has been too much talk of making exceptions for cyber warfare or cyber self-defence while the non-use of force principle has been marginalised. The risk of sliding towards the militarisation of cyberspace is something the international community must guard against.
Democracy in cyberspace is equally important, which depends on the establishment of an internationalcyberspacemanagement system that is fair, inclusive and transparent. Every country is a stakeholder in the international regulation of cyberspace and, therefore, entitled to participating in international Internet governance as equals. Any attempt by one or a few countries to monopolise such governance would lack legitimacy and legality. Only institutions enjoying full mandate from the international community can manage the Internet on its behalf and do so in a fair, inclusive and transparent way. The United Nations is, for the time being, in the best position to undertake this responsibility. This is why the Chinese government stands by the UN as the main platform for discussing international cyber issues.
Secondly, the international cyberspace order we are seeking is aimed at common progress.
It is well known that the Internet has become a strategic infrastructure in our societies and thus changed our way of production and life. China calls for an international cyberspace order that promotes common progress, because we recognize our destinies are interlinked. We should attach great importance to and enhance capacity building in developing countries, narrow down the digital divide, and promote balanced progress in global informatization. No country should pursue its interests at the expense of others. Instead, countries should accommodate the legitimate concerns of others to pursue common development and progress. In cyberspace, countries should stay united, share responsibilities and pursue common prosperity.
Thirdly, the international cyberspace order we are seekingcan be achieved only through collective efforts.
Only by making sincere, collective efforts can we build a harmonious and progressive international cyberspace order, address various challenges and threats in cyberspace, and make the Internet truly serve mankind. We should conduct cooperation in good faith, not playing games or practising double standards. It is important that countries with advanced cyber technologies step up self-discipline, show more transparency in their policies and actions, and take the lead in building international trust. We should encourage equal-footed cooperation and participation, and oppose the abuse of technological or other advantages to suppress or harm the rights and interests of developing countries. We should promote collectivism and oppose unilateralism. In case of any systematic or large-scale cyber infringement activities that threaten international peace and security, the world should organize a collective response through the UN.
Since there are no universally recognized rules for combating cybercrimes or an international code of conduct in cyberspace, or an international mechanism for cyber governance, it is required to strengthen international cooperation on the establishment of new legal rules and regulations. In this regard, the Draft International Code of Conduct on Information Security submitted by China, Russia and others to the UN General Assembly in 2011 can serve as a useful basis for relevant international process.
Ladies and Gentlemen,
China is home to the largest community of Internet users; the Internet has penetrated into every aspect of China’s economy and societyand connected China and the world closely together. The Internet has spawned a new round of global integration. Recognizing this, the Chinese government and people would like to work with the international community to shape a harmonious and progressive international cyberspace order and a better future for mankind.
Thank you, Mr Chair.
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