26 Jan 2021

Extraterritorial sanctions with a Chinese trademark

European responses to long-arm legal tactics

Steven Blockmans

0
Download Publication

3542 Downloads

China has recently updated its laws on the (security) screening of foreign investment, promulgated a new export controls law, drawn up an ‘unreliable entity’ list, and adopted an EU-style statute blocking the extraterritorial jurisdiction of US law. Beijing wages legal warfare (‘lawfare’) against Hong Kong, in the South China Sea, along the Belt and Road, and in cyberspace. Given today’s global geopolitical contestation it is only a matter of time before the European Union feels the grip of the long arm of Chinese law. Historically, the EU Blocking Regulation has provided for a unified European response to the extraterritorial application of sanctions. However, the proliferation of such sanctions requires a deeper debate on possible additional measures to increase deterrence and, if needed, to counteract them. This paper asks how the EU might prepare to be better protected against such lawfare, and finds inspiration in the established practice of hedging against secondary sanctions, as adopted by the US Treasury Department.

Related Publications

Browse through the list of related publications.

Multi-Layered Actions?

Sustaining Partnerships in the EU Integrated Approach to Conflicts and Crises

The Recovery and Resilience Facility

A springboard for a renaissance of public investments in Europe?

Limitations on Human Mobility in Response to COVID-19

A preliminary mapping and assessment of national and EU policy measures, their sanctioning frameworks, implementation tools and enforcement practices

Central bank digital currencies

Can central banks succeed in the marketplace for digital monies?

EU defence projects

Balancing Member States, money and management

Between politics and inconvenient evidence

Assessing the Renewed EU Action Plan against migrant smuggling