| Unilateral sanctions,as a non-UN authorized restrictive protection measure taken against other countries,hinder the development of international cooperation and capital flow.Although the successive promulgation of the Blocking Statute and the Anti-Foreign Sanctions Law has slowed down the negative impact of unilateral sanctions,issues such as the application of law,coordination,and the legitimacy review of counter-sanctions still exist.Therefore,based on the analysis of countermeasures against US unilateral sanctions,feasible solutions should be proposed to eliminate the impact of unilateral sanctions on protecting national interests,promoting international cooperation,and trade flow.Regarding the definition and legal basis of US unilateral sanctions,their origins can be divided into two categories: domestic and international origins.Domestic origins consist of authorizing legislation with direct sanctioning nature and related regulatory provisions with auxiliary nature.International origins mainly rely on the application of unilateral specific measures in special circumstances in WTO rules.The practice of US unilateral sanctions has mostly manifested in trade and finance.In analyzing the illegality of US unilateral sanctions,it is evident that their sanctions violate the basic principles of sovereign equality and non-interference in the domestic affairs of other countries at the international law level and contradict the provisions of the United Nations Charter and international customs.At the domestic law level,their sanctions have flaws in the application of the principle of international comity and the principle of non-presumption.They also violate the president’s duty of loyalty and prudence under the US federal constitution.Therefore,US unilateral sanctions have the characteristic of an insufficient rational basis to a certain extent.The anti-sanction legislative measures taken by various countries against the US can generally be divided into three categories: evasion,confrontation,and offset.The EU’s Blocking Statute has strict and complete provisions,but factors such as overly flexible provisions and a narrow scope of application can easily lead to its inability to achieve the desired effect in application.Russia’s anti-sanction law,as a confrontational anti-sanction measure,effectively counteracts sanctions,but its confrontational nature also easily leads to an escalation of trade wars.To counter US unilateral sanctions,China should selectively absorb the advantages of other countries’ legislation and formulate an effective anti-sanction legal system that is conducive to protecting national interests and promoting international cooperation based on the characteristics of its situation.The difficulties faced by China in counter-sanction legislation under US unilateral economic sanctions mainly include many authorizing provisions,insufficient coordination,a single feedback channel for the timely reporting system,a lack of pre-legal review of legality,insufficient application of law,and the need for a more complete system.To address these issues,China should promote the issuance of sovereign immunity laws,improve the content of anti-sanction regulations,and gradually improve relevant measures such as the legal application and jurisdictional framework for countering sanctions.This would be an effective way to deal with US unilateral sanctions and protect China’s interests and the international cooperation order. |
