| The United States has attached importance to unilateral economic sanctions since its founding.In recent years,the United States has become the most important practitioner and promoter of unilateral economic sanctions in the world.By analyzing the regulatory objects,legal sources,implementation results,and remedies of the United States unilateral economic sanctions,this thesis believes that the United States has initially established the world’s most complete unilateral economic sanctions legal system,a powerful unilateral economic sanctions enforcement system,and comprehensive unilateral economic sanctions guarantee agency.These achievements laid a solid foundation for the United States to bypass the framework of the UN Security Council sanctions resolution and initiate unilateral economic sanctions,and also made a thorough preparation for the United States to better realize its overall diplomatic situation.Firstly,this thesis studies the basic legal issues of unilateral economic sanctions of the United States,and then conducts a historical and social analysis of the United States unilateral economic sanctions which based on the historical development,typical cases,and motivation analysis of the United States unilateral economic sanctions.This thesis believes that unilateral economic sanctions have been deeply embedded in the core position of US foreign policy,and have shifted from against the country before the 1990 s to specific individuals and economic entities;In practice,the effectiveness of pure unilateral economic sanctions of the "consumption war" nature is getting lower and lower,and the failure rate is getting higher and higher,which has led to the significant prevalence of secondary sanctions in the United States unilateral economic sanctions;The motives of unilateral economic sanctions can be summarized in three points: to ensure US national security,to stabilize the supremacy of superpowers,and to win the president election.The historical and social analysis of the United States unilateral economic sanctions naturally led to the questioning of the legality of the United States unilateral economic sanctions.The legitimacy of international law and domestic law are the two aspects of the analysis of the legality of the United States unilateral economic sanctions.By combing relevant international treaties,combining international practice and the current global situation,this thesis believes that the United States unilateral economic sanctions violate relevant international treaties,international customary laws,and general legal principles and are generally considered illegal in the current international community;through analysis the origin and specific provisions of the United States Constitution and related domestic laws,combined with legislation and judicial practice,this thesis believes that the basic laws of the United States unilateral economic sanctions violate the legislative prudential provisions of the United States,and the initiation of unilateral economic sanctions violates the faithful obligations of the president.Unilateral economic sanctions do not have legality under domestic law.Through the above analysis,this thesis proposes a Chinese plan to deal with the United States unilateral economic sanctions.At the national level,this thesis believes that China should improve direct countermeasure rules and domestic extraterritorially applicable rules,and put forward some principled suggestions on this,which including China’s direct countermeasure rules and domestic extraterritorially applicable rules and basic characteristics;At the level of the executive and judicial departments,this thesis believes that the executive departments should exercise discretion to actively handle foreign-related cases,and the judicial department should take the initiative and flexibly handle foreign-related cases,so as to preemptively respond flexibly,and imitate the United States to actively deal with related issues;At the level of high-risk sanctioned companies,this thesis focuses on the importance of compliance system and strengthen the specific content of audit and other contents of corporate compliance system. |
