The Impact of the Extraterritorial Application of American Law on China and the Response to it

Abstract

The extraterritorial application of American law has a long history of development, which has developed from the original firm territorialism to the " effect principle". Today, under the banner of the "America First" principle, the U.S. continues to expand the range of the extraterritorial application of its laws by expanding the "connection point",  to achieve its political objectives, putting on a“legitimacy” cloak. After continuous development, it has been characterized by legal hegemony, extensive connection points, systematic operation, the politicization of applicable objects, and low predictability. The improper extraterritorial application of American law has caused many adverse effects on China, and China has actively responded to them through national legislation, regional cooperation, and enterprise compliance and legal remedy. However, these measures are still insufficient to eliminate all the adverse effects and to safeguard the legitimate rights and interests of our country. Therefore, China should also further improve it by formulating and revising relevant laws and regulations, improving working mechanisms, setting up compensation mechanisms and strengthening foreign-related rule of law talents, making full use of international and domestic laws to effectively curb the improper extraterritorial application of American law, and protect China's overseas interests.