The Extraterritorial Effect of China's Anti-sanctions Law
China has introduced an anti-sanctions law to block the undue influence of other countries'unilateral sanctions laws.The dispute of the unilateral sanctions law lies in its strong extraterritorial effectiveness.The anti-sanctions law and the unilateral sanctions law are also facing the legitimacy of international law.The extraterritorial effect of the anti-sanctions law is manifested in two stages:legislative jurisdiction and application.The legislative jurisdiction basis of the anti-sanctions law is the territorial principle,personality principle and protection principle.The principle of effect and universality should not be used as the legislative basis of the anti-sanctions law.China's anti-sanctions ban based on the principles of territorial,personal and protection,whose extraterritorial effectiveness meets the standards of international law.When the extraterritorial effect of a country's anti-sanctions law complies with international law,the foreign courts should give a certain degree of respect.The theoretical basis of China's anti-sanctions law in foreign courts is the principle of international comity,rather than the fictitious foreign sovereignty coercion theory.The foreign unilateral sanctions laws involved in China's judicial practice are all secondary sanctions that do not have the legitimacy of international law.Even if the parties agree to apply the foreign sanctions law,the agreement is invalid based on the taboo theory of public law.
anti-sanctions lawforeign-related rule of lawextraterritorial effectunilateral sanctions
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维普
