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Academic Journal of Humanities & Social Sciences, 2023, 6(11); doi: 10.25236/AJHSS.2023.061108.

Research on the Perfection of Blocking Law under the Background of American Economic Sanctions

Author(s)

Rui Su

Corresponding Author:
Rui Su
Affiliation(s)

Anhui University of Finance and Economics, Bengbu, Anhui, China

Abstract

In recent years, the United States has been expanding the scope of its economic sanctions. The objects of sanctions not only include trade behaviors involving U.S. entities and specific U.S. connection points, but also major transactions between third countries without trade control factors. Since 2018, the US has targeted China with economic sanctions, including a large number of Chinese entities on its export control list, and comprehensively tightened its export policy to China. Under the background of comprehensive competition between China and the US, we have issued relevant laws and regulations to perfect our anti-sanction legal system. However, there are still some problems in the construction of block law, such as the fuzzy scope of extraterritorial jurisdiction, the lack of standards for judging the application of block law, the lack of procedural provisions, and the inability to connect with the domestic civil litigation mechanism. Through the analysis of relevant foreign laws, we should improve our anti-sanction legal system by appropriately expanding the area of extraterritorial jurisdiction, establishing the list of laws blocking, increasing the procedural provisions of subject report and confidentiality, specifying the specific provisions of immunity and remedy, and revising the extraterritorial jurisdiction rules of the Civil Procedure Law, etc.

Keywords

Secondary sanctions, Countermeasures, List of blocking laws, Exemption standard, Extra-territorial jurisdiction, Recognition and enforcement

Cite This Paper

Rui Su. Research on the Perfection of Blocking Law under the Background of American Economic Sanctions. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 11: 50-57. https://doi.org/10.25236/AJHSS.2023.061108.

References

[1] Jin Xiang (2022). Study on Long Arm Jurisdiction under the Background of Sino-US Trade War.  Master Thesis of Shenyang University of Technology, p41. 

[2] Huang Wenxu, Zou Putao (2019). Tools to counter the extraterritorial application of Domestic Law: Experience and Enlightenment of blocking Law. Times Law, vol. 19, no, 04. 

[3] Cui Xinkai (2022). A Comparative Study on Blocking Legal Systems in China and Europe. Master Thesis of East China University of Political Science and Law, p34

[4] Yang Shiqi (2022). A Comparative Study on the legal systems of Interdiction between China and Europe -- and the factual Effect of the Interdiction Regulation of the European Union. Master's Thesis, Shanghai International Studies University, p56. 

[5] Yang Man (2022). Dilemmas and Breaking Ideas in the Implementation of Blocking Law. Master Thesis of China Foreign Affairs University, p18-28. 

[6] Liu Guiqiang (2022). Contemporary Development and Value Choice of Blocking Law. Chinese Applied Law, vol02, p184-186. 

[7] Liu Lili (2021). Analysis of the Illegality of the U. S. Secondary economic sanctions against Iran and Countermeasures. Master Thesis, East China University of Political Science and Law, p23-27. 

[8] Deng Jia. (2021) Construction and Improvement of Anti-sanction Legal System from the perspective of Comparative Law. Master's Thesis, School of International Relations, p36-38. 

[9] Liao Shiping (2021). The Scope of Application Ratione materiae of Measures for Blocking Improper Extraterritorial Application of Foreign Laws and Measures. International Studies, vol02, p51-59. 

[10] Liu Xingbo. Study on the Influence of International Economic Sanctions on Marine Insurance Contracts and Insurer Countermeasures. Master Thesis of Dalian Maritime University, 2021. 

[11] Ye Yan (2020). Review and Enlightenment of the European Union's Blockade Act. Pacific Journal, vol. 28, no. 03, p53.   

[12] Li Yuqing (2021). Research on the Improvement of Blocking Law System in China. Master Thesis of East China University of Political Science and Law, p43. 

[13] Qian Yingjie (2020). Research on Blocking legal System. Master Thesis of Soochow University, p21-24. 

[14] Wang Xiaoxuan (2021). Study on the Legal Response to American Secondary Economic Sanctions. Master Thesis of Jiangxi University of Finance and Economics, p19. 

[15] Jiang Wei. Research on the Impact of Economic Sanctions on the Economic growth of Target Countries. Doctoral Dissertation of Nanjing Normal University, 2021. 

[16] Hu Zinan, Li Ziyuan (2022). The Basic Conditions, Challenges and Countermeasures of China's Construction and Improvement of Overseas Rights and Interests Protection Mechanism. International Trade, vol. 06, p41. 

[17] Guo Yongliang (2021). Practice types and strategic guidelines of China's overseas interests Security. Public Security Studies, vol 5, no. 03, p94. 

[18] Cao Yunshu (2021). Research on EU Blocking Legal System Master Thesis of Nanjing University of Finance and Economics, p14. 

[19] Chen Ruohong (2022). The strict approach to the implementation of blocking Law -- Implications for China from the European Court Case of Iran's Bank Melli. International Journal of Economic Law, vol. 02, p96-98. 

[20] Yue Yibo (2021). American "Long-arm jurisdiction" and its Countermeasures. Master Thesis of Henan University of Economics and Law, p19.