Analysis Of The Illegality Of US Science And Technology Sanctions Against China And Research On Countermeasures

Science and technology sanctions refer to the restrictive measures imposed by the sanctioned country in the field of science and technology on the sanctioned country,especially the individuals or entities of the sanctioned country,with the purpose of punishing the sanctioned person to force him to change his or her own behavior or curb its development of its own science and technology.Technology sanctions can be divided into two types: one is to target the sanctioned country or individuals or entities of the sanctioned country,forcing them to change their behavior to comply with the requirements of the sanctioned state;One is aimed at the sanctioned country or individuals or entities of the sanctioned country,the purpose of which is not to force the sanctioned person to change its behavior,or its main purpose is not to force the sanctioned person to change its own behavior,its main purpose is to curb the scientific and technological development of the sanctioned country and maintain the scientific and technological leading position or scientific and technological hegemony of the sanctioned country.The US science and technology sanctions against China in the context of Sino-US science and technology war belong to the latter,and their distinctive characteristics are to contain China’s scientific and technological development and maintain the United States’ global scientific and technological leading position and scientific and technological hegemony.The United States comprehensively uses sanctions such as the list mechanism,restrictions on exchanges,restrictions on investment and alliance mechanisms to restrict,blockade and contain China’s high-tech fields,high-tech enterprises and high-tech personnel,so as to achieve "decoupling and breaking the chain" from China in the high-tech field,which will have a major negative impact on China’s scientific and technological development and innovation capabilities.The main basis for the unilateral technology sanctions imposed by the United States is domestic statutes,case law,and congressional bills.On the surface,the US science and technology sanctions against China have a complete set of substantive norms and procedural norms of domestic law,but they have certain illegality at the level of international law and domestic law: at the level of international law,US science and technology sanctions against China are likely to violate the principles of jurisdiction,non-interference and international cooperation for development in international law,while its trade and technology sanctions are likely to violate the WTO’s "most-favored-nation treatment" principle and "national treatment" principle,the "universal removal of quantitative restrictions" in trade in goods,and trade in services market access" commitments and constitute an abuse of the WTO’s "security exception" clause;At the domestic law level,US technology sanctions against China may violate the US legislative prudential provisions,the duty of loyalty under the US President’s Constitution,and the "due process clause" in the US Constitution.In view of its illegality in international law,the Chinese government should be good at using the international dispute settlement mechanism to safeguard our legitimate rights and interests;Lead the joint efforts of developing countries to form an international legal order regulating unilateral sanctions at the United Nations level,and promote the international community to establish the legality and reasonableness standards for the implementation of unilateral national sanctions.In view of the illegality of their domestic laws,China’s sanctioned entities and individuals should dare and be good at using the domestic relief procedures in the United States,carefully choose litigation strategies,causes of action and legal basis,cooperate with the application for pre-litigation injunctions,and protect their legitimate rights to the greatest extent.At the national level in China,in terms of legislation,it is necessary to improve the list of countermeasures as soon as possible,revise the extraterritorial jurisdiction rules of the Civil Procedure Law,and improve the supporting laws and regulations related to the Anti-Foreign Sanctions Law;In terms of law enforcement,China should set up a special anti-sanctions body to uniformly implement and coordinate counter-sanctions measures against individuals and entities;In terms of justice,China should attach importance to the important role of judicial power in counter-sanctions,expand the scope of litigation from the right to claim compensation to all disputes involving foreign sanctions and improper application of law,flexibly use compliance injunctions to mitigate or offset the impact of US sanctions,and make full use of China’s judicial procedures to protect the legitimate rights and interests of our citizens and organizations.