Song Guoyou,"U.S.' long-arm jurisdiction must be combated"
  发布时间: 2022-07-30   访问次数: 31

 In the pursuit of its own interests, the US  constantly imposes  unilateral sanctions and long-arm jurisdictions on  third parties, thus  becoming more and more of a major troublemaker for  other countries as  well as transnational companies. In the case of the  sanctions on Iran,  for instance, while former US president Barack Obama  had already struck a  deal with the country, the Trump administration  afterwards declared  that it was dumping the deal to renew sanctions on  Iran. Incidents of  this kind subject the business world to uncertainty  in terms of  decision-making. 

 The key to the US political  design lies nowhere else other than in the  checks and balances arrangement. However, this seems to only be  applicable within the  country. Once beyond US borders, the country's power spins out of control as it knows no fear at all. 

 Guided by the doctrine  of America First, Washington more frequently  than ever has been  trying to harm the interests of other countries and  monopolize  international public goods through domestic legislation.   

 In  the name of law and order, the US government's long-arm  jurisdiction  has become self-absorbed. Non-US companies and individuals  are being  forced to treat US laws as if they were international otherwise their  business dealings will no longer be considered legal  or compliant  with regulations by the US. If left alone, the US will  continue to use  laws to push its interests overseas, forcing other countries to act  in accordance with US rules through domestic  legislation.  

 The  question is then: How to put a stop to this? The EU answer has  been  blocking statutes that protect EU enterprises and individuals  from  unilateral US sanctions. If EU enterprises and individuals suffer  losses from these sanctions, they may file lawsuits in EU courts for   compensation from the parties that caused the losses or their acting   representatives or agents. In other words, if US sanctions harm the  interests of the EU, the latter will protect its companies through the   power of the courts.  

 China also suffers from the US'  long-arm jurisdiction, as in this  year's Huawei and ZTE cases.  Looking at the EU response, China may  likewise consider adopting  blocking statutes that make Chinese companies immune to unilateral US  sanctions targeting other countries.  If Chinese companies or  individuals suffer losses by violating these  sanctions, they may sue  and claim compensation from the loss-causing  parties in Chinese courts,  and the Chinese government will lend a hand  whenever necessary.  Specific clauses and legislations may be formulated  by drawing upon EU  practice or adjustments accommodated in accordance  with China's  specific situation.  

 Like the EU, China's blocking statutes  will be limited and passive  defensive measures taken to safeguard its  own interests. They are  designed to protect Chinese enterprises from  falling victim to the US'  long-arm jurisdiction. As far as multilateral  sanctions affirmed by  authoritarian bodies such as the United Nations  are concerned, the  government will require Chinese companies and people  to honestly respect  these rulings.  

 The legislative spirit  behind blocking statutes is quite clear-cut;  it denies applicability  of unilateral US laws in companies operating in  other countries,  crushes validity of such laws through legislation and  protects the  legal rights and interests of companies and individuals  abroad. Such  statutes will send a clear message to the world and  increase confidence  in Chinese companies and individuals in  international exchanges. To  make such statutes more effective, China  should increase collaboration  and cooperation with the EU in law  enforcement.  

 The US is  not a global policeman, nor is it a global judge and jury.  Blocking  statutes can be the start of countries saving the world from  becoming  mired in the US' legal system and safeguarding the balance of  power in  the field of international law.   (The author is deputy director of the Center for American Studies, Fudan University.)

(Source: Global Times)