Chapter 10: Unilateralextraterritorial sanctions as a challenge to the theory of jurisdiction
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Unilateral sanctions, especially those taken by the United States, are widely applicable extraterritorially. Indeed, since the 2010s, most US sanctions apply to transactions carried out abroad by third-country nationals and entities with no or only a very tenuous link with the United States. In addition, secondary sanctions regimes have been developed to target foreign nationals and entities involved in transactions with target states or listed persons or entities, even if the transactions they conduct have no personal or territorial connection with the US. This chapter highlights the techniques and criteria used by the United States to give such extraterritorial application to unilateral sanctions. It confronts them with the rules of international law relating to state jurisdiction, as inspired by common state practice. It shows that in doing so, the US goes beyond the limits that international law imposes on jurisdiction to prescribe. It calls for a more incisive and comprehensive response from EU Member States.

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