사이버공간에 적용되는 국제법 식별과 명확화 작업 - UN OEWG 체제의 한계를 중심으로

With the proliferation of cyber incidents, the international community is increasingly compelled to determine international law applicable to cyberspace. In response, the UN General Assembly established the Group of Governmental Experts (GGE) and the Open-Ended Working Group (OEWG) to facilitate the identification and clarification of applicable international law in cyberspace. This article (1) examines the challenges in achieving consensus on the identification and clarification of international law, and (2) critiques the transition from the GGE to the OEWG framework, arguing that it has significantly impeded the consensus-building process. Regarding the first issue, deep-rooted inter-bloc and inter-state divisions concerning the application of international law to cyberspace remain a primary obstacle. These divergent normative approaches undermine the formation of a cohesive consensus on the governance of cyberspace. As for the second issue, this article argues that the institutional shift to the OEWG has led to procedural inefficiencies and normative fragmentation. While the GGE operated with a limited number of expert participants capable of producing focused and substantive legal discussions, the OEWG’s open membership has resulted in a proliferation of divergent national positions and diluted policy outputs. Unlike the sixth GGE report, which offered more concrete legal articulations, the OEWG’s first report remains highly abstract and declaratory in nature. The structural limitations of the OEWG model render it unlikely to generate substantive legal norms that garner broad acceptance. Consequently, the transition from the GGE to the OEWG has slowed progress in the identification and clarification of international law applicable to cyberspace and may ultimately delay the development of international cyber law as a distinct legal field.