Unilateral economic sanctions and mechanisms The out -of -domain legislative experience comparison
June 06, 2022 10:08 Source: "China Social Sciences" June 6, 2022 Total 2420 Author: Che Jinghua Zhang Ying

Unilateral economic sanctions mechanism is a legal confrontation mechanism between countries produced with the development and evolution of unilateral economic sanctions,Composed of active countermeasures and passive blocking mechanisms,It is an extension mechanism in the development and evolution of economic sanctions。Russia、UK、Canada、EU and others in terms of barriers to legislation,But the composition of its core mechanism still exists more commonly,Including the start -up mechanism of free tailoring、Relief mechanism under the protection of legal equality、A relatively weak punishment mechanism、Active counter -control mechanism based on sovereign maintenance and exemption mechanism with conditions。

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Unilateral economic sanctions mechanism is not a normal legal mechanism,Foreign improper first -level sanctions or subordinate sanctions have become the "start key" of the "activation" blocking mechanism。The start mechanism of the blocking mechanism mainly has two modes,The first is the statutory prohibition mode,The second is the administrative command mode,But both modes are based on free tailoring as the basic principle。The first statutory prohibition mode is to list the blocking foreign laws or measures in the form of an appendix in the form of an appendix,Generally, it will also Bet365 lotto review authorize relevant departments to increase or delete the appendix law in accordance with the actual situation,The typical typical is Canada and the European Union。This mode has high targeted and stability,predictable requirements that meet the law,and the program that increases or deletes through authorization retains a certain flexibility。

The second administrative command type refers to the startup of the blocking method starting from the administrative order of relevant departments or related powers,Authorized Chief Executive to determine whether the application of foreign law is violated with international law、International Politement and International Customs,and issue administrative ban on the purpose of protecting national interests,Typical blocking laws in the United Kingdom and Australia and the anti -sanctions law of Russia。The administrative command mode under free tailoring does not target specific countries or specific laws,So the scope of application is wide,It has general applicability。

  Relief mechanism under the protection of legal equality

The principle of equality of national sovereignty is the basic principle of international law,Fairness and justice principle is a generally recognized value standard in the international community,Requires to protect equal protection for rights,Relief should be effective in time。Outside effect of domestic law is essentially the rules of a country's rules that can choose to apply their own rules in other countries,Requires the "people" of other bet365 best casino games countries to comply with the obligations stipulated,But it does not guarantee the effective exercise of its rights。For example,Outside effectiveness of the US Economic Sanctioning Law requires non -Americans to comply with US law,But non -Americans cannot enjoy the rights stipulated by the US constitution,No right to election,Can't vote in the US election to represent its own interests,There is no chance to change these laws,Non -American only has the obligation to comply with US law without changing the right of US law,Paradox of fairness and justice that leads to legal rights and obligations。The ultimate purpose of the blocking mechanism is to protect national interests,Protect the economic interests of the country and the entity,It provides relief for individuals or entities that have been damaged by foreign laws in improper foreign law.。

First,Public power level is not acknowledged that the judgment made by the law that foreign courts applied to the laws of the country,Basically contains such non -recognition clauses。International Public Law forbids one country to force the execution of jurisdiction in the territory of another country without the consent of another country,Because the implementation of foreign public law is different from the conflict law,It will involve the public order of the country。Economic sanctions related laws from the perspective of their legal attributes are the nature of public law -related economic administrative law,Therefore, from the perspective of traditional public bet365 live casino games law taboos,It is reasonable to not admit not to implement foreign public law。

Second,Private power level,Provide the right of recovery of the damaged natural person or entity。Secondary sanctions through expansion to people、、How to jurisdiction over the jurisdiction,Third parties other than sanctions and sanctions are included in the jurisdiction,Essentially violated national sovereignty and economic interests,Lack of international law legitimacy,Generally not recognized by countries,Therefore, the barrier mechanism of various countries provides full compensation for damage caused by subordinate sanctions。

  Exemption mechanism with conditions

Exemption is the mechanism of various countries,In the legal obligations that conflict with foreign laws and national laws,A legal and obligation provided by the individual or legal person involved in the individual or legal person,to avoid serious damage to important interests。

Unilateral economic sanctions mechanism Related legislation has strong political attributes,It is the law that handles the relationship between countries in domestic law,Therefore, you need to maintain a certain flexibility。The starting procedure of the free tailor -type blocking method has certain flexibility,Therefore, no exemption clause is set in the specific terms。As British、Canada、The administrative order issued by the Australian blocking law can be a special refer to,It can also be general,That is, except for specific objects,You can not abide by the relevant ban,Equivalent to an exemption。and the bet365 Play online games legal prohibited blocking mechanism and counter -mechanism are usually exempted from legal obligations under exceptional terms,As the EU blocking regulations、Russian Anti -Sanctions,The EU Commission also promulgated the specific exemption standards of the EU blocking regulations in 2018,Including exemption application requirements,evaluation mechanism and evaluation supervision。

  Active counter -control mechanism based on sovereign maintenance

The counter -mechanism is a peer countermeasure for first -level sanctions,It is also a sanction in essence,Also adopt a list mechanism,But the difference between unilateral economic sanctions is its defensive and passive,and the measures are not punished; the counter -list must have a transparent and reasonable list formulation、Published and terminated procedures and regulatory mechanisms,This can ensure its convenient and efficient countermeasures,Ensuring international law legality of countermeasures。At the same time,The counter -mechanism uses countermeasures in international law as its legal basis,Constraction of substantive elements and procedural elements in countermeasures,To protect its international law legality。

countermeasures are self -service measures taken by countries that are damaged in the exchanges between countries.,The main purpose is to prevent the continued occurring of damage,Restore the original shape,Penalty measures are not allowed。So,countermeasures must be commensurate with the degree of damage they suffer,To avoid the upgrading bet365 live casino games or abuse of countermeasures brought by countermeasures,and consider the severity and related rights of international illegal behavior,This is the substantive element of countermeasures。

Unilateral economic sanctions mechanism is an external economic administrative law,Therefore, the construction and implementation of the unilateral economic sanctions mechanism must be based on the legitimacy of international law,Coordinate the interaction between domestic rule of law and international development,Avoid questioning because of excessive countermeasures。Unilateral economic sanctions barrier mechanism Although the standards and supervision are opaque due to free tailoring standards,Limited punishment effect,Sovereignty Dilemma in the relief,In fact, the effect has always been questioned,But it is an important part of the toolbox for legal warfare between the country today,Not only can it provide a defense basis for domestic enterprises and individuals,It is an important process for the country to actively participate in the formulation of the rules of international economic order,and an effective path to improving international discourse rights。

(This article is the major project of the National Social Science Fund "Research on the Construction of my country's Economic Sanctions Legal System" (21&ZD202) Pharmaceutical results)

(Author Unit: School of Law School of Zhongnan University of Economics and Law)

Editor in charge: Cui Cen
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