An Analysis Of The Impact Of Unilateral Economic Sanctions On The Effectiveness Of International Commercial Contracts In The United States

The unilateral economic sanctions of the United States are an important tool for the United States government to achieve national interests and foreign policy objectives.Their extraterritorial application violates international law and is a concentrated manifestation of American hegemonism and power politics.The unilateral economic sanctions imposed by the United States not only have a significant impact on global energy and food trade,but also have brought risks to some trade and transportation enterprises.In particular,they have restricted the freedom of international commercial transaction entities,which may have a significant impact on the effectiveness of international commercial contracts.From the perspective of the development history and specific measures of unilateral economic sanctions in the United States,the United States has diverse means of unilateral economic sanctions and extensive extraterritorial effects.In addition to the hegemonic position of the United States in international finance and trade,parties involved in international commercial transactions are inevitably affected by unilateral economic sanctions in the United States,which hinders the performance of contracts.However,when resolving disputes over contract performance caused by unilateral economic sanctions in the United States,whether such obstacles constitute failure to perform a contract should be analyzed based on specific circumstances.Regardless of whether the United States unilateral economic sanctions are related to the applicable laws of France and the state of the court,the application of the United States unilateral economic sanctions regulations is not necessarily excluded from the application of the law.It is also necessary to consider the friendly relations,national interests,and public policies between countries.The attitudes of British and Chinese courts towards the United States unilateral economic sanctions are different,and the contractual effectiveness determined based on this is also different,that is,Under the background of unilateral economic sanctions imposed by the United States,international commercial contracts are not necessarily invalid.Examining the determination of international commercial contract impossibility caused by unilateral economic sanctions imposed by the United States in various countries’ laws,civil law systems have relevant theories such as "the basis of legal conduct" and "force majeure",but there are differences in the determination criteria for contract impossibility between France and Germany,just because the cost of performance is too high,which can constitute impossibility of performance in France,and claim exemption accordingly,but in Germany,the opposite is true;The common law system has theories such as "contract failure" and "unrealistic performance".The UK and the United States have consistent standards for determining the inability to perform a contract caused by unilateral economic sanctions.Both believe that situations where the cost of performance is too high are not exempt from liability,but if the underlying nature of the contract changes,it will affect the determination of the effectiveness of the contract.Applying Article 79 of the CISG Convention to explain the issue of contract performance under unilateral economic sanctions in the United States mainly depends on whether such sanctions meet the three conditions specified in the exemption clause,and whether it can be demonstrated that there is a causal relationship between the implementation of unilateral economic sanctions and obstacles to contract performance.A specific case study is also required.Even if the parties have agreed terms in the contract,it does not necessarily constitute an exemption.It is also necessary to examine whether the agreed terms in the contract violate mandatory national regulations,as well as the specific wording and scope of application of the contract terms.Based on the above analysis,this article provides suggestions on how our government and enterprises should respond to unilateral economic sanctions.The government should learn from the domestic laws and international conventions of other countries to further explain the exemption clauses,so as to better protect our country and enterprises.At the same time,enterprises should take the initiative to improve their ability to respond to risks,agree on all possible economic sanctions risks in the contract terms,and effectively play the role of the contract terms to reduce losses.At the same time,enterprises should conduct risk assessment and perform due diligence.