The Extraterritorial Experience Of U.S. Unilateral Economic Sanctions And Chinese Legislation Research

In recent decades,the United States has frequently used unilateral sanctions as a tool to realize its foreign policy.Among them,the United States has repeatedly imposed unilateral sanctions on China’s high-tech enterprises and related personnel on the grounds of national security and human rights.The sanctions have a huge impact: it makes it almost impossible for the sanctioned targets to participate in the international supply chain,and the production,operation and sustainable development of related industries have been greatly hit and even hit hard.In addition,the unilateral sanctions of the United States also include some of China’s state organs and their staff,which seriously undermines China’s national sovereignty.This article mainly discusses the unilateral economic sanctions of the United States,which is the most powerful in sanctions.At present,the world’s legal means to deal with unilateral economic sanctions include the promulgation of blocking legislation and anti-sanction legislation.Among them,the main content of blocking legislation is to prevent foreign improper domestic laws from playing a role in their own countries,that is,prohibiting the subjects under their jurisdiction from complying with specific foreign laws,and stipulating the rights of the above-mentioned subjects to claim compensation after their losses due to the transaction object’s violation of the blocking law;the anti-sanctions legislation It includes countermeasures after foreign countries impose sanctions on their own countries and the corresponding content of taking the initiative to initiate sanctions.This article analyzes the advantages and disadvantages of the EU and Russia’s response to unilateral economic sanctions,and puts forward suggestions for China to improve relevant laws and regulations.The first part of the paper is an introduction.The second part discusses the system,enforcement mechanism and relief mechanism of U.S.economic sanctions,analyzes the legality of U.S.unilateral economic sanctions from multiple perspectives,and draws the conclusion that secondary sanctions and unilateral economic sanctions with improper and extraterritorial applicable nature of domestic law violate international law.The third part discusses the European Union’s Blocking Regulations and related cases,draws out its limitations in practice,and puts forward lessons to learn from in order to improve China’s laws.The fourth part takes the unilateral economic sanctions imposed by the United States on Russia in the context of the Russian-Ukraine conflict as an example.Through the introduction and analysis of Russia’s anti-sanction laws and regulations,other measures,and related cases,it is concluded that Russia’s countermeasures have indeed achieved certain results and are of reference significance to China,but at the same time On the basis of Russia as a super-large energy exporter,it has strong uniqueness and limitations.The fifth part sorts out China’s existing anti-sanctions and blocking laws and regulations,and analyzes the legality of counter-laws;puts forward suggestions for improving relevant legislation and institutional innovation: it is suggested that China should expand its extraterritorial jurisdiction and dare to take the initiative to impose sanctions to better protect China’s interests;it is suggested that China’s We should focus on the construction of compliance system.Finally,it is concluded that China needs to comprehensively use various measures,including legal means,to deal with the unilateral economic sanctions imposed by the United States on China.