Extraterritorial Export Controls (Secondary Boycotts)

Posted: 27 Oct 2008

See all articles by Cedric Ryngaert

Cedric Ryngaert

Faculty of Law, Leuven University

Date Written: November 2008

Abstract

Some States, the United States in particular, have given their export controls and economic boycotts extraterritorial application. As a result, persons and companies in other States have been prevented from exporting to or investing in the States that are actually the targets of the boycott. It is argued that extraterritorial export controls are unlawful under international law, unless they can be justified by accepted principles of jurisdiction (territoriality, national security, nationality), or if other States acquiesce. Permissive principles should not be construed too broadly, however: jurisdiction solely based on national control of foreign corporations does not seem to be lawful, nor does jurisdiction based on perceived but largely unsubstantiated security threats.

Suggested Citation

Ryngaert, Cedric, Extraterritorial Export Controls (Secondary Boycotts) (November 2008). Chinese Journal of International Law, Vol. 7, Issue 3, pp. 625-658, 2008, Available at SSRN: https://ssrn.com/abstract=1289140 or http://dx.doi.org/jmn032

Cedric Ryngaert (Contact Author)

Faculty of Law, Leuven University ( email )

Tiensestraat 41
Leuven, B-3000
Belgium

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