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Abstract

In essence, secondary sanctions apply domestic law extraterritorially to nationals of a third country which is likely to affect the sovereignty of other countries. Therefore, they have been criticized by the international society from the beginning. In terms of legitimacy, on one hand, it is necessary to consider the role of secondary sanctions under the current international situation. On the other hand, it is required to review the legal basis of secondary sanctions, such as the authorization by the Security Council’s resolutions, security exception clauses under trade agreements, and extraterritorial jurisdiction. The legal basis of secondary sanctions may be found by expanding the interpretation of existing rules of international law. The controversy on the legality of secondary sanctions consisted in that there is no review mechanism for the Security Council’s resolutions or definite rules for extraterritorial jurisdiction or limitation of UN Charter, which led to the lack of regulation of secondary sanctions under international law.

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