国际贸易制裁风险的承保问题探索

Exploration on underwriting issues of international trade sanction risk

在当今美国鼓吹单边主义的经济环境下,单边制裁对世界的影响越来越大。国际贸易业、航运业是受制裁影响最严重的领域,引发了买卖合同与运输合同的履行风险,给当事人带来严重的经济性损失,但无论是传统的海上保险抑或是贸易保险均未将其纳入承保范围。国际贸易制裁引起的损失属于可量化的财产性损失,制裁风险具备可保风险的全部要件,当事人各方存在法律上承认的保险利益,具备适法性,应纳入传统保险的承保范围。国际贸易制裁风险的承保问题研究,为中国在复杂的国际环境下,摆脱单边主义、稳定对外经贸、维护多边贸易体制、实现贸易强国战略提供了切实有效的解决路径。

In today’s economic environment where the United States advocates unilateralism,with the development of economic globalization and trade globalization,the impact of unilateral sanctions on the world is increasing.The international trade industry and shipping industry are the areas most affected by the sanctions,which leads to the risk of the performance of the sale contracts and transportation contracts,causing serious economic losses to the parties,which however not included in the coverage by either traditional marine insurance or trade insurance.The losses caused by international trade sanctions are quantifiable property losses.The sanctions risk has all the elements of insurable risk.The parties have insurance benefits recognized by law and have legality,which should be included in the coverage of traditional insurance.Specifically,the arrest of ships and cargoes due to sanctions should be covered by the insurance of vessel and cargo seizures,the loss of contract benefits caused by international trade sanctions can be included in the coverage of trade insurance and covered by contract performance insurance.The study on the underwriting of international trade sanctions risks provides a practical and effective solution for China to get rid of unilateralism,stabilize foreign trade,maintain the multilateral trading system,and realize the strategy of becoming a powerful country in a complex international environment.