The EU's Anti-Coercion Instrument tends to designate legitimate trade and economic measures taken by third countries as illegal under the concept of"economic coercion."By establishing response mechanisms and operational processes,the Instrument aims to achieve both passive defense and competitive attack.Essentially,this instrument represents a novel legal tool created by the EU,combining elements of"sanction"and"counter-sanction,"whose legality remains questionable under international investment and trade treaties and relevant customary international law.Given the potential adverse impacts on Chinese enterprises that may trigger counter-sanction mechanisms,China should take a comprehensive approach to address the potential negative effects.Recommended measures include strengthening corporate resilience,seeking judicial relief,enhancing the counter-sanction framework,and actively engaging in the formation of international rules to protect China's developmental interests.
economic sanctioneconomic coercioncounter-sanctionforeign-related rule of law