美西方经济制裁效力困境下的中国涉外法治回应

China's Response of Foreign-related Rule of Law under the Dilemma of the Effectiveness of the West Economic Sanctions

经济制裁发挥效力以制裁方能否实现预期的政治目的为判断依据。受制于经济制裁的成本代价、持续时间、内容方式以及目标对象的制裁反应等多元因素影响,制裁方难以完全施加制裁压力,目标对象在有限的制裁威慑下往往不会按照制裁方意愿改变外交政策,经济制裁存在效力困境。在对俄制裁实践中,美西方尝试通过加强联合制裁、实现“非对称”打击等方式,以期补强制裁效力迫使俄罗斯尽快作出政治妥协,但囿于经济制裁固有的内生弊端及外在矛盾,美西方难以从根本上克服经济制裁的效力桎梏。以此为背景,我国应当明确涉外法治建设在应对美西方制裁效力困境中的内涵及重要作用,通过国际话语规则博弈以及国家安全领域的实力发展,在“以国际法为基础的国际秩序”下进行“阻断+反制裁”的规则构建,在全球产业链供应链中进行关键节点的能力建设,提高我国反制裁的阻断威慑力,对抗美西方的不法单边制裁。

The effectiveness of economic sanctions is judged based on whether the sending state can achieve the expected political goals. It is difficult for the sending state to fully exert sanctions pressure due to multiple factors such as the cost, duration, content and form of sanctions, as well as the response of the target state. Under the limited deterrence of sanctions, the target state often do not change their foreign policies in accordance with the wishes of the sending state. In the economic sanctions from the West against Russia, in order to cope with the effectiveness dilemma, the West have adopted new methods such as joint sanctions and“asymmetric sanctions”in order to strengthen the effectiveness of economic sanctions, expecting to force Russia to make political compromises as soon as possible. However, due to inherent internal shortcomings and external contradictions, it is difficult for the West to fundamentally overcome the effectiveness dilemma of economic sanctions. With this as background, China should clarify the connotation and important role of “foreign-related rule of law”, form a “blocking + anti-sanctions” legal system under the international law-based international order, build the capacity in the global supply chain, to respond to the illegal unilateral sanctions imposed by the West.