Research On Legal Issues Of U.S. Secondary Sanctions

This article uses normative analysis,historical analysis to analyze the definition,scope,functions,and characteristics of U.S.secondary sanctions.At the main time this article uses normative analysis and case analysis to elaborate their connections and differences with related concepts,to study their challenges to the international community,and the legality of secondary sanctions in international law.And by analyzing classic cases of US sanctions imposed on Chinese companies,this article proposes legal suggestions for dealing with US secondary sanctions from three aspects: international multilateral measures,national unilateral measures,and corporate response measures.Besides the introduction and conclusion,the main body of this dissertation is divided into five chapters.The first chapter will discuss in detail the definition and classification of secondary sanctions,the connection and differences between secondary sanctions and related concepts,fully define the meaning and scope of secondary sanctions,and point out what problems secondary sanctions have caused in international law.The second chapter based on a relatively detailed and complete review of the legal system of economic sanctions in the United States,at the meanwhile,this chapter discusses the conflicts between basic principles of international law and secondary sanctions which using long-arm jurisdiction directly or indirectly.In addition,from the perspective of state responsibility,demonstrate the impact of the resolution of the Security Council as the consent of the aggrieved country on the legality of secondary sanctions.The third chapter discusses the specific manifestations of the secondary sanctions imposed by the United States on both financial and physical trade,and analyzes the damage caused by the secondary sanctions to the energy,finance,and human rights of the international community.The fourth chapter analyzes how the United States government sanctions Chinese enterprises in practice in financial and physical trade field.In the financial field,through the cases of Kunlun Bank and China Merchants,Communications,and Pudong Development Bank being sanctioned by the US Treasury Department,discusses the characteristics of the US government in exercising long-arm jurisdiction over Chinese financial institutions and summarizes the experiences and lessons of Chinese enterprises.In the field of physical trade,the cases of ZTE and Huawei will be used to analyze the legal basis and process of the United States' exercise of long-arm jurisdiction over Chinese company,as well as summarize the experiences and lessons of Chinese companies.The fifth chapter provides recommendations for responding to US secondary sanctions.From the perspective of individuals and enterprises,the best way to deal with US secondary sanctions is to evade US secondary sanctions by understanding and complying with US law,and gradually get rid of dependence on American products by mastering core technologies in the field in which they are engaged.For the enterprises which cannot get rid of dependence on US products,the most feasible way to deal with US sanctions is to seek remedies from the US judicial authorities and try to form jurisprudence in favor of Chinese enterprises and individuals.From a national and government perspective,China can respond to U.S.economic sanctions from four aspects: United Nations,regional cooperation,obstruction of legislation,and finance.At the United Nations level,China can challenge the United States 'secondary sanctions based on UN resolutions through Article 50 of the UN Charter.Regional cooperation is to avoid US sanctions by joining the INSTEX established by the European Union.Obstacle legislation mainly adopts legal-level countermeasures against economic sanctions by drawing on the US Anti-Boycott Law and Tax Reform Act.In terms of finance,we mainly seek anti-sanctions in crude oil futures and the financial sector to strive to achieve the replacement of US dollars by Chinese yuan in the oil trade of Chinese companies,thereby evading US secondary sanctions in the energy field.