Font Size: a A A

Research On China’s Anti-Sanctions Legal Issues In The U.S.Sanctions Against China

Posted on:2023-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y W GuFull Text:PDF
GTID:2556306845953409Subject:International Law
Abstract/Summary:PDF Full Text Request
In the more than 70 years since World War II,the United States has long occupied the dominant position in the global political,economic,military,cultural and other fields.The long-term superpower status has made the United States unable to tolerate the existence of any country that may threaten or challenge its hegemony,or when a certain country exists.When a regional power threatens the U.S.strategic deployment in the region,the U.S.will use its long-arm jurisdiction to impose sanctions on the target country in order to curb the development of the target country.Therefore,with the rapid rise of our country,the United States has begun to regard China as its main strategic competitor.Since the Sino-US trade war,the United States has imposed sanctions on China based on lists such as the "Entity List","SDN List" and "Military Enterprise List".The sanctions include freezing assets in the United States,implementing export controls,issuing investment bans and ban Measures such as transactions between U.S.persons or U.S.companies with sanctioned targets.With the escalation of the Sino-US trade dispute,the contradiction between the two countries has expanded from a single economic and trade friction to a comprehensive contradiction in economic strategy,foreign policy and even ideology.The United States has begun to frequently intervene in China’s internal affairs with the help of sanctions on issues related to Hong Kong and Xinjiang.In an attempt to disrupt the prosperity and stability of the Hong Kong region through the routine of color revolutions in other countries,and wield the stick of human rights to sanction Xinjiang enterprises,so as to contain China’s development and maintain its own hegemony.The deterrence and effectiveness of the US sanctions against other countries are rooted in the central position of the US dollar in the international monetary payment and settlement system and its own financial hegemony,especially the US controls CHIPS and SWIFT,which occupy two major positions in the global financial and trade market.For the central payment and settlement system,countries and companies that are financially sanctioned by the United States are often isolated from the global financial system because they are cut off from overseas capital chains and U.S.dollar channels,and eventually have to make concessions.In the face of the sanctions dilemma,my country has established an anti-sanction legal system based on the "Unreliable Entity List Regulations","Blocking Measures" and "Anti-Foreign Sanctions Law" at the national legislative level.The main responsible person in the Xinjiang sanctions project implemented counter-sanctions,through a series of sanctions such as prohibiting entry,confiscation of assets in China,and prohibiting Chinese citizens and entities from trading with the sanctioned objects,which blocked Pompeo and others from passing the post after leaving office.The revolving door is a profitable way to re-inauguration,and it has successfully put pressure on the US side.However,due to the asymmetry between my country’s counter-sanctions against the United States and the United States’ sanctions against China,that is,counter-sanctions at the national level cannot achieve reciprocal counter-measures in terms of the number and level of sanctioned companies,and companies are more likely to choose private power.Remedies protect their own rights and interests.For example,companies that have not been included in the sanction list can avoid the risk of being sanctioned through corporate compliance construction;companies such as Xiaomi and Luokung Technology can follow their remedies to file lawsuits in U.S.courts to be removed from the sanction list;Sanctioned companies that have reconciliation channels can refer to ZTE to reach a settlement agreement with the U.S.government by paying fines and formulating compliance plans,so as to continue to remain in the U.S.market,but at the same time,a large number of companies still fail to appeal and can only be forced to The helpless situation of accepting sanctions.Therefore,in the face of the long-term,high-pressure and realistic sanctions risks from the United States,not only the country needs to refine and improve the anti-sanction laws and regulations in legislation to ensure its implementation effect,but also enterprises need to pay attention to the construction of sanctions compliance to avoid the risk of being sanctioned to the greatest extent.,and at the same time actively safeguard the interests of enterprises in the United States by submitting applications to the competent authorities,suing in the US courts or facilitating the conclusion of a settlement agreement.
Keywords/Search Tags:U.S.unilateral economic sanctions, counter-sanctions, sanctions compliance construction
PDF Full Text Request
Related items