Residential College | false |
Status | 已發表Published |
The Changing Tides of Extraterritoriality and the Future of the European Union’s Blocking Statute | |
Svetlicinii, A.![]() ![]() | |
2024-12-02 | |
Source Publication | European Law Review
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ISSN | 0307-5400 |
Volume | 49Issue:6Pages:597-614 |
Abstract | The proliferation of unilateral economic sanctions, which was exacerbated by the Russia-Ukraine war, has revived the debate on the extraterritorial application of such restrictive measures, as the imposing countries have striven to avoid the circumvention, and enhance the effectiveness, of their restrictive measures. The European Union (EU) is, in principle, opposed to extraterritorial sanctions, and the EUBS prohibits European companies from complying with certain US extraterritorial sanctions. The European Commission was dissatisfied with the effectiveness of the EU blocking legislation and the negative effect of extraterritorial sanctions on EU strategic autonomy, so has pledged to recast the EUBS. This article analyses how the EUBS is deficient in counteracting US extraterritorial sanctions, and maps the contours of its potential revision. In particular, the article argues that the enforcement of the newly adopted EU Anti-Coercion Instrument could serve as a viable alternative to the blocking legislation, given the latter’s overall ineffectiveness in discouraging third countries from adopting extraterritorial sanctions or protecting European companies from secondary sanctions. Furthermore, the emerging anti-circumvention measures aimed at supporting the EU’s own sanctions appear to be inconsistent with the principles underlying the EUBS. Finally, the enhanced transatlantic cooperation on matters of economic sanctions and export controls renders the recasting of the EUBS counterproductive. |
Keyword | Compliance Eu Law Extraterritoriality Sanctions Third Countries United States |
URL | View the original |
Indexed By | SSCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:001379094200004 |
Publisher | SWEET MAXWELL LTDNORTH WAY, ANDOVER SP10 5BE, HANTS, ENGLAND |
Scopus ID | 2-s2.0-85213896047 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | DEPARTMENT OF GLOBAL LEGAL STUDIES |
Corresponding Author | Svetlicinii, A. |
Affiliation | University of Macau, Faculty of Law, China |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Svetlicinii, A.. The Changing Tides of Extraterritoriality and the Future of the European Union’s Blocking Statute[J]. European Law Review, 2024, 49(6), 597-614. |
APA | Svetlicinii, A..(2024). The Changing Tides of Extraterritoriality and the Future of the European Union’s Blocking Statute. European Law Review, 49(6), 597-614. |
MLA | Svetlicinii, A.."The Changing Tides of Extraterritoriality and the Future of the European Union’s Blocking Statute".European Law Review 49.6(2024):597-614. |
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