欧盟经济制裁及其对中国的启示

EU Economic Sanctions and Its Enlightenment to China

近年来,欧盟对制裁的使用逐年递增,制裁政策的出台也越发频繁,制裁数量呈明显上升的趋势。同时,欧盟的制裁对象呈全球性分布,不仅包括主权国家,还包括非政府组织、企业等各类主体。制裁的缘由从以控制武装冲突为主扩展到人权保护、反对恐怖主义等。制裁领域也宽泛化,包括了外交制裁、金融制裁、贸易制裁等。欧盟针对中国以及“一带一路”倡议沿线国家的经济制裁,既影响中国的利益也将损害贸易投资金融活动主体的合法权益。对此,中国政府或企业应通过多元的解决方式来应对欧盟经济制裁,例如:有效维护世贸组织争端解决机制法律地位,修改完善现行法律,通过立法阻却、寻求与欧盟的监管合作,督促企业合规经营等。

In recent years,the use of sanctions by the EU has been increasing year by year,and the introduction of sanctions policies has become more and more frequent.The number of sanctions shows an obvious rising trend.At the same time,the targets of EU sanctions are distributed globally,including not only sovereign states,but also NGOs,enterprises and other actors.The reasons for the sanctions extend from the control of armed conflicts to the protection of human rights and the fight against terrorism.The sanctions are also wide-ranging,including diplomatic sanctions,financial sanctions,trade sanctions and so on.With the continuous development of China s economy and the proposal and deepening of the“One Belt and One Road”initiative,China s outbound investment,trade and financial activities are bound to face more complicated risks.In the process of“One Belt and One Road”construction,China faces a series of economic sanctions.The EU s economic sanctions against China and the countries along the“One Belt and One Road”will not only affect China s interests,but also harm the legitimate rights and interests of actors in trade,investment and financial activities.In this regard,the Chinese government or enterprises should respond to the economic sanctions from the EU through multiple solutions,such as effectively safeguarding the legal status of the WTO dispute settlement mechanism,revising and improving the existing laws,blocking by legislation,seeking regulatory cooperation with the EU,and urging enterprises to operate in compliance.