Journal of Jishou University(Social Sciences Edition) ›› 2023, Vol. 44 ›› Issue (6): 103-112.DOI: 10.13438/j.cnki.jdxb.2023.06.009

• Law • Previous Articles     Next Articles

Fighting back the Boycott:The Legal Application of the Law against Foreign Sanctions to Overseas Entities—Taking the Legal Breakthrough of the "Xinjiang Cotton Incident" as an Example

LIU Junmei   

  1. (1.Law School,Yili Normal University,Yining 835000,Xinjiang China;2.Research Institute of "The Belt and Road" Development,Yili Normal University,Yining 835000,Xinjiang China)
  • Online:2023-11-01 Published:2023-11-28

Abstract: As an overseas entity,the Swiss Better Cotton Initiative (BCI) contains many subjective factors in its certification procedures and standards for good cotton,and the composition of the so-called "investigation working group" is sufficient to prove that its conclusion on "Xinjiang cotton" has obvious political interference.BCI's boycott of "Xinjiang cotton" has constituted a discriminatory restriction measure,which aims to supplement US sanctions against China,and so it essentially is a special form of "trade war" against China.BCI is an international non-governmental organization and does not have the qualification of the subject of international law,so it dissociates from the control of the rules of international law.However,its boycott has constituted a violation of articles 4 and 15 of the Law against Foreign Sanctions,which is applicable to foreign acts regulated by the law.Based on this,the relevant departments may include BCI in the counter-list and the list of unreliable entities in accordance with the law and relevant laws,and take corresponding legal sanctions.The damaged enterprises or individuals in China can also bring a lawsuit to the people's court in accordance with the law,requesting to stop the infringement and compensate for the losses.

Key words: trade war, anti-sanctions, Law against Foreign Sanctions, Xinjiang Cotton incident, international non-governmental organizations

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