A Study On The Extraterritorial Effect Of Unilateral Economic Sanctions Law In The United States

The paper initially sorts out the legal framework for unilateral economic sanctions,the implementation path,and judicial guarantee of the extraterritorial effect of unilateral economic sanctions.The legal framework for unilateral economic sanctions in the United States includes federal legislation,state legislation,presidential orders,and executive orders.The extraterritorial effect of unilateral US economic sanctions can be implemented through direct economic transactions,triggering the OFAC(The Office of Foreign Assets Control of the US Department of the Treasury)association,or by the US government listing an individual or an entity as “American.” To realize the extraterritorial effect,the US authorities also guarantee it through the judiciary.Through analyzing the basic legal framework and the implementation and judicature of the extraterritorial effect of unilateral economic sanctions by the United States,this paper discusses the principles and theories of the extraterritorial effect of American unilateral economic sanctions under international law.It also discusses the expansion of the territorial principle by the “control standard,” the violation of the nationality principle by the “American standard,” the expansion of the protective principle by extraterritorial jurisdiction,and the breakthrough of the principle of universal jurisdiction by the “effect principle.”On this basis,the practical extraterritorial effect of unilateral economic sanctions by the United States is discussed.The dispute case between MGM and Aeroflot of Russia,the monopoly case of the United States Federal Government v.Alcoa Corporation of America,and the case of Reza Zarrab are summarized and analyzed under the theoretical background of specific questions.The article takes these as the evidence that the extraterritorial effect of unilateral economic sanctions by the United States violates the basic international principles.Many countries and regions are discussing ways to deal with the problems caused by the extraterritorial effect of unilateral economic sanctions by the United States.Therefore,this paper mainly selects typical EU,Canadian,and Russian cases to study the countermeasures.The European Union and Canada have adopted a relatively soft response.In addition to their own blocking laws,most of them choose bilateral negotiations with the United States and sign policies of understanding to achieve mutual benefit.In contrast to the European Union and Canada,Russia has rarely used soft bargaining to challenge the extraterritorial effects of unilateral American economic sanctions.Most measures deal with the extraterritorial effect of unilateral American economic sanctions through various means,such as “restricting the import and export related to the United States,suspending the work of relevant American personnel in Russia,closing American embassies and consulates in Russia,and issuing various prohibitions against Americans.”Finally,starting from the case of Huawei and ZTE,the article makes some suggestions on how to shape the legal system of our country to deal with American unilateral economic sanctions.At present,the best way to deal with the extraterritorial effects of unilateral economic sanctions is to make good predictions.With the promulgation and implementation of China’s Measures for Banning the Improper Extraterritorial Application of Foreign Laws and Measures,this paper explores the problems in China’s existing legal system in response to unilateral economic sanctions by the United States and solves them accordingly.As for the specific impact caused by the extraterritorial effect of unilateral economic sanctions by the United States,it can be achieved by determining sanctions commitments in bilateral negotiations as legal obligations,or by applying for OFAC delisting and extraterritorial litigation.In addition,the possible legal conflicts can be addressed by introducing the system for reconciling administrative law enforcement.In the future,we should include the economic sanctions in the framework of the United Nations within China’s legal system of anti-sanctions,expand the jurisdiction outside China,and deal with the issue of anti-sanctions litigation flexibly.