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Analysis Of Export Control And Unilateral Sanctions In The Long-arm Jurisdiction Of The United State

Posted on:2024-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:W B LiuFull Text:PDF
GTID:2556307109995759Subject:legal
Abstract/Summary:PDF Full Text Request
Since the Second World War,in order to maintain and consolidate its hegemonic position,the United States,by virtue of its leading position in economy,science and technology,has continuously expanded its long-arm jurisdiction worldwide,suppressed and contained the target countries with export control and unilateral sanctions,and took export control and unilateral sanctions as another way of conquest except arm force or war,intending to change the political and economic system of the target countries,disrupted the international trade and the international legal order.In particular,after the United States unilaterally withdrew from the Iran Nuclear Agreement and resumed sanctions against Iran in 2018,Iran became the target country of export control and unilateral sanctions imposed by the United States again.At the same time,Iran is an important partner of China’s Belt and Road initiative.The improper extraterritorial application of US export control and unilateral sanctions laws has seriously threatened China’s Belt and Road initiative and regional peace and stability along the routes.In the face of the current situation,the United States is constantly suppressing the development space of China’s economy,science and technology by means of export control and unilateral sanctions,it is urgent to clarify the domestic legal basis and external implementation logic of export control and unilateral sanctions in the long-arm jurisdiction of the United States by combining relevant theories of international law.This article analyzes the international legality of the improper extraterritorial application of export control and unilateral sanctions laws in the long-arm jurisdictions of the United States,and provides countermeasures suggestions for our country to guard against the threat of American export control and unilateral sanctions.This paper is divided into four chapters,and analyzes the legality of export control and extraterritorial application of unilateral sanctions in the long-arm jurisdiction of the United States and the countermeasures from the following four aspects.First of all,this paper discusses the historical origin and development trend of the long-arm jurisdiction of the United States,reveals the reality that the United States uses the long-arm jurisdiction as a legal weapon to maintain its world hegemony,so as to lead to the destruction and threat of the most lethal long-arm jurisdiction measures,to wit :export control and unilateral sanctions which threat the international economic order and the international legal order seriously.Secondly,taking the "ZTE case" and "Huawei case" as the entry point,this paper analyzes the jurisdictional basis and enforcement logic of the US export control and unilateral sanctions.Then,it analyzes the illegality of American export control and unilateral sanction in international law from the basic principles of international law and the rules of international law jurisdiction.Finally,from the domestic level and the international level,it puts forward countermeasures to the US export control and unilateral sanctions.
Keywords/Search Tags:Long-arm jurisdiction, Export control, Unilateral sanctions, Jurisdiction, Multilateral platform
PDF Full Text Request
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