Countering long-arm jurisdiction justified: China Daily editorial
In an increasingly interconnected world plagued by turmoil and uncertainty, the challenges posed by unlawful extraterritorial jurisdiction measures have become a significant threat to national sovereignty and global stability.
China's introduction of a new set of regulations on Monday, aimed at countering such measures, is a timely and necessary response to these challenges. Coming into effect the same day, they are essential to safeguard China's sovereignty, security and development interests, and to protect the rights of Chinese entities.
The international environment is currently marked by rising tensions and unilateral actions, expanding jurisdiction beyond borders under the pretext of protecting "national security" or addressing actions "detrimental" to foreign policy. This practice of long-arm jurisdiction violates the fundamental principles of international law and disrupts the basic norms of international relations.
The weaponization, instrumentalization and politicization of extraterritorial jurisdiction actions violate the principles of noninterference in the internal affairs of countries and the equality of national sovereignty, applying "the law of the jungle".
China's enterprises have faced disruptions due to the abuse of extraterritorial jurisdiction, which has severely impacted their legitimate economic and trade activities. It is within this context that the necessity for China's new regulations becomes clear.
Consisting of 20 articles, the new regulations are designed to establish and improve mechanisms for countering unjustified foreign extraterritorial jurisdiction. They include provisions for identifying, blocking and taking countermeasures against such measures, while also enhancing service and safeguard mechanisms.
One of the key features of the regulations is they are defensive. The regulations stipulate that the Chinese government has the authority to take countermeasures in response to foreign actions that harm China's sovereignty, security and development interests, or the legitimate rights and interests of Chinese entities. This approach is rooted in the principles of international law.
The international community has accumulated considerable legislative experience that has provided an important reference for China's legislation. By drawing upon international experience, China's new regulations send an unmistakable signal to the international community that it opposes extraterritorial jurisdiction and intends to counter hegemonic lawlessness by means of rules.
The new regulations are a proactive step toward upholding the authority and sanctity of international law.
It is important to distinguish between China's defensive measures and the offensive "long-arm jurisdiction" practiced by certain parties. China's approach is firmly grounded in international law and aims to protect its sovereignty and interests from violations, rather than to impose its jurisdiction on others.
The rules establish a national-level countermeasure system, allowing for diplomatic, economic, and cooperative countermeasures and restrictions against foreign parties that harm China's national interests through extraterritorial jurisdiction.
They introduce a prohibition order system to effectively block coercive extraterritorial jurisdiction measures. A malicious entity list has also been established for those foreign entities that implement or participate in the abuse of extraterritorial jurisdiction with mechanisms for correcting behavior and applying for exemptions from countermeasures and restrictions.
By upholding the principles of international law, China is promoting a system where nations can protect themselves from the unlawful actions of long-arm jurisdiction.
































