Study Of The Extraterritorial Effect Of The U.s. Trade Control Act

United States plays an important role in international trade due to its strong economic power, and such powerful position has led to the exterritorial effect of its foreign trade control laws and regulations, which now raises lots of international disputes around the world. Meanwhile, the issues concerning extraterrestrial effect of foreign trade control laws and regulations, which refer to many spheres of laws, such as economic law, administrative law and international law, are very complicated. Nevertheless, there are few relevant researches existing at present on this topic, and those researches are not comprehensive.Therefore, it is of far reaching importance both for international communications and for international trade to analyze this phenomenon and find proper ways to resolve related international disputes by doing researches. For this purpose, the writer presents this thesis in the hope of making a closer sight at such issues.The thesis includes six chapters. Chapter One introduces the basic framework and operation process of United States foreign trade control laws and regulations and analyses the probable ways to realize the extraterritorial effect thereof. Chapter Two discusses the standards and foundations of the extraterritorial jurisdiction respectively from the spectacle of export control law and trade sanction law. Then based on the forgoing, Chapter Three focuses on the validity analysis of such extraterritorial effect under basic theories of international law and through empirical study, also in this chapter, the background and underlying reasons for the extraterritorial effect are discussed. Chapter Four mainly introduces several related international disputes arising from the extraterritoriality of United States foreign trade control laws and regulations and the next chapter, Chapter Five, studies the negative effects of such disputes, thus states the necessity of dispute resolution. Chapter Six discusses the possible ways for disputes prevention and resolution, emphasizing the value of friendly negotiation and mediation and of taking advantage of international organizations, also, probably the WTO dispute settlement mechanism can be used for the disputes settlement. The last part of the thesis is a concluding summary, summarizing the main contents of this paper as well as predicting the development of this matter.