Analysis On Huawei Event On The Illegitimacy Of Extraterritoriality Of The U.S.Export Control Law And China’s Response

At present,the United States has the prior control and influence in the world economic and trade activities.In the legal field,this can be embodied in the United States’ attempt to define its domestic law as an "absolute system" controlling the international social order.The export control Act,through its extraterritorial effects,provides the United States with the main legal weapon to secure its economic position and technological advantage.As the economic and trade conflict between China and the United States intensifies,the United States frequently uses the Export control Law and related tools to impose sanctions and pressure on Chinese enterprises and individuals in order to safeguard its own security interests and curb China’s development,so as to ensure its leading position in the world economic development.First of all,this thesis summarizes the basic situation of the event that the United States imposed sanctions on Huawei.The US Department of Justice held that Huawei did not comply with the International Emergency Economic Powers Act and relevant domestic laws,and filed 13 charges against Huawei and its affiliated companies.After that,the United States began to impose strict export control on Huawei.It not only included Huawei in the entity list,but also revised the FDI rules in the Export Control Regulations twice in an attempt to impose technology blockade on Huawei and modify the rules for its own interests to reduce self-injury.Secondly,this thesis studies the embodied in the event of Huawei’s U.S.export-control laws extraterritorial effect,combined with the historical development,theory established the system of the framework and definition,combing the U.S.export-control laws of three control factors and the extraterritorial effect of two kinds of sanctions way performance,and summarized the evolution and development trend of export control on China;As a typical case of the us entity list sanctions in recent years,the essence of the Case is the expansion of the extraterritorial effect of the US export control law and the deterioration of the US attitude towards China export control.After analyzing the extraterritorial effects of Huawei event,this thesis focuses on the illegality of the extraterritorial effects of the EXPORT control law of the United States.The principle of jurisdiction,current international law and the domestic law of the United States are the three points of this thesis.Through combing to the jurisdiction of the contemporary development of the theory of,the requirements of the international treaty,the United States the connotation of the domestic law,in combination with the concrete practice and Huawei event,the author thinks that the extraterritorial effect of excessive expansion of U.S.export-control laws do not conform to the contemporary theory of jurisdiction,in violation of the relevant international treaty obligations and is denied by the current international society and It is also the evasion of due process principle and the abuse of international comity principle.However,even though the illegality of the abuse of extraterritorial effects of US export control laws leads to the invasion of other countries’ jurisdiction,most companies still compromise.This thesis puts forward some suggestions on how to deal with Huawei event and China’s practices.First of all,at the national level,China can resort to the Dispute settlement mechanism of WTO to realize the fairness of safeguarding rights from the international perspective,promote the independent and controllable ability of science and technology and the process of RMB internationalization,and break the judicial cover,dollar hegemony and technological monopoly of the United States.At the same time,in terms of domestic legislation,China will improve its legislative science and law enforcement capacity by improving the mechanism for blocking economic sanctions and the mechanism for the extraterritorial effect of export control laws,so as to form reciprocal constraints on US export control,further protect China’s substantial interests and maintain the healthy development of international economic and trade relations.At the enterprise level,it is necessary to strengthen the construction of compliance,pay attention to technology development and patent application,and analyze the litigation strategies and key considerations of Chinese enterprises when they launch counterattacks against the US export control Law,in order to suppress the spread of US hegemony and power politics together with the country.