The Model Of Extraterritotial Jurisdiction Of U.s.economic Sanction Law And China’s Response

With the deepening of economic globalization and the continuous innovation of information technology,the U.S.has entered a new stage of economic sanctions,and with its dominant position in the global financial system,it has developed economic sanctions as a "weapon" to force other countries to make compromises.In recent years,the U.S.has increasingly used domestic law as a basis for sanctions against foreign entities and individuals,including Chinese entities and individuals,and the number of Chinese companies subject to economic sanctions has been increasing.More importantly,due to the outbreak of the Russia-Ukraine conflict,Russia has been subject to a full range of sanctions from a number of countries and regions,including the EU,the UK,Switzerland,Canada,Japan,and South Korea,but has effectively hedged the enormous damage caused by the sanctions to a certain extent by virtue of a series of countermeasures.Such a comprehensive and up-to-date anti-sanctions practice is of great significance to China’s response to the extraterritorial jurisdiction of U.S.economic sanctions laws.Under this background,this paper re-examines the issue in the light of the latest U.S.sanctions practice and the latest Russian counter-sanctions practice,and analyzes in detail the operation mechanism of the extraterritorial jurisdiction of U.S.economic sanctions law from three perspectives: legislation,law enforcement,and justice,based on which suggestions are made for China’s response to U.S.economic sanctions.Chapter One mainly presents the problems arising from the U.S.foreign economic sanctions.First of all,theoretically speaking,the law of economic sanctions belongs neither to private law nor to public law,and its dual nature makes it difficult to solve such problems by the existing methods in the rules of international law.In addition,the countermeasures that already exist in practice do not achieve the desired effect,and the countermeasure legislation,on the contrary,intensifies the conflict of laws,leaving the private subjects in a dilemma with the very different legal provisions.While the countermeasure strategy is stagnant,the U.S.sanctions tactics are evolving and the difficulty of dealing with them is further increasing.Knowing the enemy is very important in the game of nations,so the remaining chapters respond to these issues by analyzing in detail and systematically the rationale and mechanisms of economic sanctions imposed by the United States.Chapter Two composes the theory of legal extraterritorial jurisdiction.Firstly,the theoretical basis for the gradual expansion of extraterritorial jurisdiction of law is observed in the course of historical development,and the development trend of extraterritorial jurisdiction is explored;secondly,the legality of extraterritorial jurisdiction is examined from the perspective of international law.Chapter Three explores the operation mechanism of U.S.foreign economic sanctions from the connection and interaction of legislative jurisdiction,enforcement jurisdiction,and judicial jurisdiction,respectively.The overall presentation takes legislative jurisdiction as the base,and enforcement and judicial jurisdiction as the form of realization.The three are not strictly in the sense of checks and balances,but rather lend each other’s strength to promote the formation and strengthening of the legal mechanism of U.S.foreign sanctions.Specifically,law enforcement jurisdiction expands autonomously on the basis of legislation,while also providing safeguards for the extraterritorial exercise of judicial jurisdiction.Judicial jurisdiction uses jurisprudence to promote the construction of extraterritorial jurisdiction system and shows modesty to the executive authorities in matters of foreign economic sanctions.Chapter Four synthesizes the above analysis and tries to propose a response in light of China’s characteristics and dilemmas.This part does not aim at constructing a complete extraterritorial jurisdictional system of Chinese law,but focuses on specific aspects,distinguishing legislation,enforcement and judiciary to find a breakthrough.In addition,the conflict of laws approach is introduced into the resolution of the conflict of laws of economic sanctions,with a view to alleviating the crisis of sanctioned individuals and enterprises to a certain extent.