Abstract

It is inevitably facing the fact that unilateral sanctions have caused huge damage to our country and the need to establish complete counter-sanction system becoming desperately urgent. The most complex part is how to deconstruct secondary sanctions logically, whereas, there are lots of misunderstandings needed clarification. The secondary sanctions originated from OFAC’s Iran sanction program, which characterizes with essential elements of statutory requirements, precedent primary sanctions, public tags and extraterritorial jurisdiction. The primary sanctions and secondary sanctions both are substantive policy norms with extraterritorial jurisdiction effects, and “the long-arm jurisdiction” is merely one of procedural security mechanisms. There is an enormous limitation on our country’s counteracting and retaliating construction approach with reference of the European Union’s practice. Our country needs to formulate comprehensive superior legislation to counteract unilateral sanctions, establish “effectbased” extraterritorial application rule, and learn from primary sanctions’ system with the aim of improving our country’s sanctions substantive basis, procedural mechanism and implementation tools.

Details

Statistics

from
to
Export