Research On Extraterritorial Jurisdiction Of American Export Control Law

Export control is a country’s mandatory legal regulation f its exported technology or products,both in the sense of maintaining national security and diplomatic policy.Since China’s accession to the WTO,the economic has taken off without Chinese companies trading to the rest of the world..However,since the former U.S.President Trump took office,the U.S.export controls have a tendency to tighten.The export control to China has become more frequent,and the sanctions against China have become more and more severe.ZTE,Huawei and other domestic enterprises have been successively included in the list of entities,and the road to international trade for Chinese enterprises has become increasingly difficult.In order to better circumvent and counteract the constraints imposed by the U.S.export control field on my country’s foreign development and protect the legitimate rights and interests of Chinese enterprises and individuals,it is necessary to further sort out the origin,operation mechanism and development trend of the extraterritorial jurisdiction of the U.S.export control law,and to adopt certain means to mitigate the negative impact of the expansion of the extraterritorial jurisdiction of the U.S.export control law on China.At the same time,General Secretary Xi emphasized the significance of the legal system of extraterritorial application of China’s domestic law.should be established gradually.With the introduction of China’s Export Control Law,the extraterritorial application system of China’s export control law should also be gradually established and continuously improved.Therefore,under the current situation,the research on the U.S.export control law and its extraterritorial jurisdiction has important practical significance.First of all,this paper provides an overview of the concept of extraterritorial jurisdiction of the U.S.export control law,identifies the relevant concepts,tries to clarify the relationship between several concepts,and also discusses the basic principles of international law jurisdiction based on extraterritorial jurisdiction,so as to pave the way for further research on the extraterritorial jurisdiction of the U.S.export control later.Secondly,the extraterritorial jurisdiction of U.S.export control law is analyzed from three perspectives: legislative,enforcement,and judicial jurisdiction.Thirdly,the specific ways and means of the extraterritorial jurisdiction of U.S.export control are studied,and how the U.S.expands its extraterritorial jurisdiction through these means,and whether these expansions are in accordance with the principles of international law.Finally,returning to my country,we propose corresponding countermeasures in response to the shortcomings of our country’s extraterritorial jurisdiction in dealing with export control.And then put forward the idea of constructing the rules for the use of my country’s export control law.Under the premise of following the principles of national sovereignty,equality and rationality,and appropriately learning from the legislation applicable outside the United States’ export control law,the scope of extraterritorial jurisdiction will be expanded with restrictions,so as to protect my country’s national interests.At the same time,maintain the international economic order and peace,and build a community of human destiny together with the whole world.