Research On The Illegality And Countermeasures Of US Secondary Economic Sanctions Legislation

The United States Secondary Economic sanctions extend the target of sanctions from the target countries to third-country individuals and entities with economic and trade links with the target countries.In order to strengthen the effect of sanctions on the target countries,the United States uses its position of economic hegemony and the core currency of settlement transactions,the dollar,through Secondary economic sanctions,forces third countries and their individuals and entities to make choices between the target countries' market and the United States market,and turns unilateral sanctions into multilateral sanctions.The frequent enactment of the United States Secondary economic sanctions legislation and the expansion of its extraterritorial application have led to the international conununity's discussion on the the legality of Secondary economic sanctions and countermeasures practice.The first chapter of this paper analyzes the legal origin of American secondary economic sanctions on the basis of analyzing the essential difference between primary economic sanctions and secondary economic sanctions and clarifying the concept and connotation of secondary economic sanctions.The main legal norms relating to secondary economic sanctions are studied in accordance with the classification of the general legislation of the Congress,the special sanctions bill,presidential orders and administrative regulations.The second chapter analyzes the legality of the US secondary sanctions legislation from two perspectives.The first is to analyzing the legality of secondary economic sanctions from the perspective of the nature of unilateral economic sanctions.The US secondary economic sanctions break through the restrictions of international customary law on countermeasures and legal interference,which are essentially diplomatic economic coercion and violate the principles of sovereign equality and non-interference in internal affairs,and do not conform to international law.Second,from the angle of the legality of the extraterritorial jurisdiction to analyze the legality of United States secondary economic sanctions.The US secondary economic sanctions unreasonably expand the jurisdiction of persons,unreasonably invoke the principle of territorial jurisdiction,abuse the principle of protective jurisdiction,break through the sanctions of the UN security council and abuse the principle of universal jurisdictionThe third chapter discusses the remedy ways to counter the American secondary economic sanction in domestic law and international law.First,a country can enact obstruction legislation in domestic law.This article mainly analyzes the legislative remedy practice of the United Kingdom,Canada and the European Union and then summarizes the specific measures that can be used for reference.Second,the WTO dispute settlement mechanism is also an important relief approach in international law level.This article analyzes the feasibility of the remedy approach of WTO dispute settlement mechanism by explaining the violation of the specific provisions of WTO agreements by the US secondary economic sanctions and the jurisdiction of WTO dispute settlement mechanism on the security exception provision,and then further analyzes the illegality of invoking the security exception provision by US and points out the relief dilemma caused by the suspension of the WTO appellate bodyThe fourth chapter puts forward the response measures at the national and enterprise level based on the analysis of the negative effects of US secondary economic sanctions.At the national level,China can draw lessons from the form of foreign blocking legislation to formulate laws on counter secondary economic sanctions to provide legal protection for Chinese nationals and entities.Faced with the threat of US secondary economic sanctions to the multilateral trading system,China should actively promote the reform of the WTO and promote the appellate arbitration procedure as an alternative mechanism of the WTO appellate body.In addition,the most fundamental measure to counter the secondary financial sanctions is to promote the internationalization of RMB to weaken the dominant role of US dollar in the financial system.At the enterprise level,enterprises can strengthen compliance review to avoid sanctions risks,carefully examine transaction information and establish a sanctions list investigation system.