Extraterritorial Application of Domestic Law:Research Approaches,the U.S.Practice and China's Countermeasures
There are two approaches to studying the extraterritorial application of domestic law:the approach based on public laws and the approach based on private laws.The extraterritorial application of domestic law is based on the premise that it has extraterritorial effect,and extraterritorial application is the implementation process of extraterritorial jurisdiction and enforcing such extraterritorial effect.The extraterritorial application of domestic law is a special application of law.There is an increasing trend for the United States to adopt extraterritorial application of its domestic law and go beyond the"territorial-ism".To effectively counteract the extraterritorial application of the U.S.domestic law,China should improve its Anti-Foreign Sanctions Law by establishing a pre-review system for anti-sanction measures,designing a coordination mechanism for anti-sanction efforts,providing procedural guarantees,and clarify-ing the exemption mechanism.Furthermore,it should establish a system for the extraterritorial application of China's domestic law at the legislative,judiciary and law enforcement levels.By aiming to promote RMB internationalization and pursue self-reliance of core technologies in key areas,China should improve its overall national strength as to as to fundamentally counteract the extraterritorial application of the U.S.domestic law.
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