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Journal of International Trade Law and Policy: China’s defense against secondary sanctions: lessons from the EU blocking statute
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Abstract
Purpose – With the rise of geopolitical tensions among the leading state actors, the Chinese citizens and
companies are increasingly targeted by the unilateral restrictive measures. These frequently include the socalled secondary sanctions, i.e. penalties imposed on third parties for failing to comply with the sanctions
regime, the US practice being a prominent example. The purpose of this paper is to analyze China’s legal
instruments related to imposition of and protection from unilateral restrictive measures of third countries.
Design/methodology/approach – The present paper discusses China’s legal defenses counteracting the
extraterritorial sanctions by comparison with the legislative and enforcement practices of the EU, which has
accumulated substantial experience trying to shield its businesses from the US secondary sanctions. The
paper identifies the differences between the two anti-sanctions regimes and highlights the key factors that
will affect the future enforcement of blocking rules in China.
Findings – When designing its anti-foreign sanctions legislation, China has considered similar legislation
adopted by other jurisdictions, most notably – the EU blocking statute. The comparative assessment of the
two blocking regimes reveals substantial similarities in legislative and procedural standards with important
differences in enforcement capabilities and institutional frameworks.
Originality/value – The paper represents one of the first attempts to anticipate the directions in
enforcement of China’s blocking legislation taking into account the EU experiences in this domain.
Alexandr Svetlicinii - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Alexandr Svetlicinii. (2022).Journal of International Trade Law and Policy:
China’s defense against secondary
sanctions: lessons from the EU
blocking statute.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd