Research On Secondary Economic Sanctions From The Perspective Of International Law

Secondary economic sanction is a economic coercive measure that sanction-sponsored countries impose on third party countries,corporations and personal entities,which aims at restricting the economic trade between them and target countries that are sanctioned.As a economic sanction with extraterritorial effect,the implementation of secondary economic sanction clash with the right of competency of third party easily.And the sanction sponsor country state interest by compulsory means,which causes that the implementation is not meet the relative principles of WTO.In recent years,as our country "go-out" strategy proceed,foreign trade contacts in our country become increasingly closer and the instances where our country was influenced by secondary economic sanction are increasing gradually.The study of secondary economic sanction will beneficial to avoid these risks better for our country and defend economic sovereignty of our country and avoid suffering the loss that secondary economic sanction has caused.First part the concept of economic sanction and the concept of secondary economic sanction are defined and expound the characteristics and the source of law of secondary economic sanction first.Second part it analyzes extraterritorial jurisdiction basis of secondary economic sanction and point that extraterritorial jurisdiction of secondary economic sanction violate the jurisdiction principles of International Law.Third part it discusses the problem about whether secondary economic sanction and obligation under WTO frame are compatible.It is thought that the implementation of secondary economic sanctions and fundermental principles are contradictory through instance analysis.Fouth part it analyses the influence that secondary economic sanction has imposed on our country and put forward three suggestions,formulate anti secondary economic sanction corresponding laws and regulations,define Self-adjudication clause in the bilateral investing treaty,Actively use the WTO dispute settlement mechanism.