%0 Journal Article
%T The Extraterritorial Effect of the Anti-Foreign Sanctions Law on the People¡¯s Republic of China
%A Ziwen Ye
%J Chinese Studies
%P 169-195
%@ 2168-541X
%D 2023
%I Scientific Research Publishing
%R 10.4236/chnstd.2023.123015
%X The plurality of international law has led to a cross-cutting
relationship between national laws, and legal pluralism favors the legal
regulation of persons rather than territory. The transcendence of territorial
doctrine in legislation breaks with the framework of the territorialized order
established by the Westphalian system that limits jurisdiction to the
territory. In response to the growth of Western foreign intervention, China put
forward the Anti-Foreign Sanctions Law to exercise extraterritorial
jurisdiction against foreign discriminatory restrictive measures to protect the
legitimate interests of States, organizations, and individuals in China. Under
the convergence of public and private law, the Anti-Foreign Sanctions Law
combines the attributes of public and private law. It uses a combination of various
clauses to establish extraterritoriality. The basis of jurisdiction has evolved
from the strict territoriality principle to the flexible effects doctrine and
protective principle. Thus its extraterritoriality has expanded through subject
matter jurisdiction, operational mechanism, and the target of the anti-foreign
sanctions. The extraterritoriality of the Anti-foreign Sanctions Law will be
challenged at both the international and domestic levels: the limits to the
exercise of national legislative jurisdiction within the framework of
international law, the competition between the extraterritorial prescriptive
jurisdiction of the enacting State and the adjudicative jurisdiction of the
territorial State, and the balance between national sovereignty and commercial
interests.
%K Anti-Foreign Sanctions Law
%K Extraterritorial Effect
%K Extraterritorial Application
%K Effects doctrine
%K Protective Principle
%U http://www.scirp.org/journal/PaperInformation.aspx?PaperID=126479