Study On Legal Issues Of China’s Legislation On Countering Unilateral Economic Sanctions

In recent years,the United States has frequently imposed unilateral economic sanctions on other countries by using its powerful national power.The United States has a well-established and evolving unilateral economic sanctions legal system and is effectively implementing its extensive sanctions program.Relying on a sound sanctions system,the United States has been able to get rid of the constraints of the United Nations Security Council sanctions framework and play the role of the world’s police.China has also been directly or indirectly subject to economic sanctions by the United States more and more frequently.Judging from the trend that China is subject to unilateral economic sanctions by the United States,it is foreseeable that the United States will spare no effort to implement unilateral economic sanctions and use sanctions to achieve the goal of comprehensively curbing China’s development.China has also foreseen these situations and promulgated relevant legislation to deal with the negative impact of unilateral economic sanctions by the United States.The first part discusses the legitimacy of legislation on countering unilateral economic sanctions.First of all,on the basis of clarifying how the United States implements unilateral economic sanctions by formulating and implementing domestic laws with extraterritorial effects,it analyzes two paths for the United States to impose unilateral economic sanctions on China.The first is to directly sanction China,and the second is to sanction China indirectly by sanctioning other countries.U.S.sanctions on China have seriously threatened China’s national security,economic,political and diplomatic interests.Secondly,based on the “Lotus Case”,it demonstrates the illegitimacy of unilateral economic sanctions by the United States from the perspectives of international treaties and customary international law.U.S.unilateral economic sanctions violate the prohibitive rules of international law,do not conform to the good faith principle that should be observed when invoking the WTO security exception clause,and do not conform to the restrictions on the implementation of countermeasures in customary international law.Finally,it also demonstrates the legitimacy of China’s legislation on countering unilateral economic sanctions on the basis of “Lotus Case”.It is legitimate for China to take counter-sanction measures under the premise of being severely sanctioned.The second part makes a comparative analysis of the legislation on countering unilateral economic sanctions between China and Europe.First of all,the main contents of the three pieces of legislation that have been promulgated by China are the“Provisions on the Unreliable Entity List”,“Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures” and“Anti-Foreign Sanctions Law of the People’s Republic of China”.Secondly,it compares and analyzes the specific rules with the typical EU legislation that is also dealing with the unilateral economic sanctions of the United States,and draws inspiration from the commonalities and differences between the two and the latest trend of the EU actively seeking changes.China should continue to refine existing legislation,make good use of the complementarity between different legislation,pay attention to the role of the judiciary,and explore auxiliary means outside the law to comprehensively enhance the final effect of counter-sanction measures.The third part discusses the problems existing in China’s legislation on countering unilateral economic sanctions and proposes comprehensive suggestions.First of all,it analyzes the interpretation of the scope of application of legislation,the limited scope of application of the person,and the relationship with the Special Administrative Region.Secondly,it analyzes the problem of the obligee performing the obligation of counter-sanction measures from two aspects: the lack of the standard for the determination of the performance of the obligation and the lack of the obligee’s willingness to perform.Thirdly,it discusses the possible problems in the determination of jurisdiction and the application of law in civil lawsuits caused by sanctions in the future.Finally,from the perspectives of legislation,law enforcement,judiciary and international cooperation,it puts forward corresponding comprehensive suggestions.At the legislative level,detailed rules for implementation are needed to clarify relevant issues and strenthen operability.At the law enforcement level,strengthen the cooperation of different counter-sanction legislation.At the judicial level,the judicial initiative of the courts shall be brought into play.In addition,it is also necessary to strengthen international cooperation and coordinate various means,including exploring solutions to unilateral economic sanctions under the multilateral mechanism,accelerating the internationalization of the RMB,and comprehensively improving my country’s ability and effectiveness of anti-unilateral economic sanctions.