Legal Conflicts Of Extraterritorial Application Of US Export Control Law And Its Countermeasures

With the development of the world’s multi-polarization pattern,the United States can no longer occupy a dominant position in the multilateral legal system it initially constructed,and some international treaties have even become stumbling blocks to restrict the interests of the United States.Therefore,in order to implement the policy of "U.S.interests first",the United States continues to expand the extraterritorial application of its domestic laws.It seeks to govern subjects in other countries with domestic law that puts U.S.interests first.The most common conflict of laws is the extraterritorial application of export control laws.Whether it is the ZTE case,the Huawei case,or the oil and gas pipeline dispute with the European Union,they are all closely related to the extraterritorial application of U.S.export control laws.Given that export control law is a public law,such conflicts cannot be resolved by conflict of laws in private international law.This issue involves the sovereignty of a country,which is manifested as a conflict of jurisdiction.Therefore,it cannot be solved from the perspective of private law,which requires further discussion on the conflict of laws of the extraterritorial application of the US export control law from the perspective of international law.Is the extraterritorial application of U.S.export control laws legal? How can this extraterritorial application be reasonably restricted? How to deal with the extraterritorial application of export control laws beyond reasonableness?At present,the academic community has not yet reached a unified opinion on such issues,and there is still much room for research on the issue of conflict of laws applicable outside the US export control law.The premise of studying this issue is to clarify the basic concepts,rules and historical evolution of the conflict of extraterritorial application of US export control laws.Then it analyzes the types and nature of these conflicts,and concludes that there are two situations in which the extraterritorial application of the US export control law conflicts with international law and the laws of other countriesThe conflict between the extraterritorial application of US export control laws and international law is a key issue.The essence of this question is to explore whether the extraterritorial application of the US export control law has an international legal basis and whether it has international legitimacy.This conflict is embodied in the conflict between the extraterritorial application of US export control law and international treaties,general legal principles of international law,and jurisdictional theories.According to the jurisdiction theory of international law and relevant practical cases,it can be concluded that international law does not prohibit the extraterritorial application of domestic law.Even if the extraterritorial application of U.S.export control laws has a certain legal basis,it does not mean that all the extraterritorial applications of U.S.export control laws are legal.But both legal extraterritorial application or illegal extraterritorial application may lead to conflict.This is not only closely related to the lag and ambiguity of law-making in international law,but also because of the limitations of traditional jurisdiction theory itself.Extraterritorial application of U.S.export control laws does not imply reasonableness even if they are legal.Rationality includes the characteristics of legitimacy,and legitimacy is the premise of rationality.However,the requirement of reasonableness is higher than that of legality,and it is also a restriction standard for extraterritorial application of U.S.export control laws.Judging the conflict between the extraterritorial application of the U.S.export control law and the laws of other countries from the perspective of rationality can further explore the restriction standards for the extraterritorial application of the U.S.export control law.This kind of conflict is embodied in the conflict between the extraterritorial applicable rules of the US export control law and the statutory laws of other countries,such as the conflict with the blocking law;it is also reflected in the conflict of jurisdiction.Among them,the blocking law was originally formulated in response to the extraterritorial application of the United States,but it just exacerbated this dilemma.Therefore,it is very necessary to conduct in-depth research on such problems and put forward countermeasures.The discussion of these two types of conflict of laws not only reveals the essence of the extraterritorial application of the US export control law,but also needs to correctly understand and deal with the extraterritorial application of the US export control law.On the one hand,it is necessary to clarify the legality standard applied extraterritorially at the level of international law.At the same time,countries should treat different types of extraterritorial application conflicts differently.For legal and reasonable extra-territorial application of export control laws,countries should negotiate on the basis of international comity;for illegal and unreasonable extra-territorial application of export control laws,relevant countermeasures can be taken to check and balance.Our country should also abide by the principles and customs of international law when it comes to the extraterritorial application of U.S.export control laws.On the one hand,we should improve the extraterritorial application mechanism of our country’s export control laws.In short,the conflict of laws applicable outside the US export control law is a comprehensive public international law issue.Behind these conflicts of law,there is essentially a game of sovereignty among countries.It is the conflict between the governance concepts and the value concepts of various countries.In this legal battle,countries can only truly solve such problems through joint efforts.