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二战后,美国经常采用域外经济制裁以实现其外交政策目标。美国的域外经济制裁不仅针对受制裁国,而且还对第三国与受制裁国之间的经济交往进行限制,这违背了欧洲国家在传统上所坚持的国际法基本原则。欧共体和后来的欧盟出于自身外交政策的考虑,对美国的域外经济制裁进行了全方面抵制。1980年代的苏联天然气管道案和1990年代的《赫尔姆斯-伯顿法》事件是欧美之间围绕域外经济制裁问题彼此矛盾的总爆发。进入21世纪之后,随着欧盟一体化进程的加速发展,尤其是在《里斯本条约》生效之后,欧盟逐渐形成了统一的外交政策,开始转变其对待域外经济制裁的态度。2010年美国颁布的对伊朗制裁法虽然继续保留了域外管辖权条款,但欧盟不仅未加反对,反而颁布了与其相一致的对伊朗制裁条例。欧盟对待域外经济制裁的政策转变对传统国际法将产生深远影响。
After World War II, the United States often adopted extraterritorial economic sanctions to achieve its foreign policy objectives. The United States’ extra-territorial economic sanctions not only target the sanctioned countries, but also restrict the economic exchanges between the third countries and the sanctioned countries, which runs counter to the basic principles of international law that European countries have traditionally adhered to. The EU and later the EU, out of their own foreign policy considerations, have resisted the U.S. foreign economic sanctions in all respects. The case of the Soviet Union gas pipeline in the 1980s and the Helms-Burton Act of the 1990s were the general contradictions between the United States and Europe on the issue of economic sanctions outside the region. After the 21st century, with the accelerated development of the process of EU integration, especially after the entry into force of the Treaty of Lisbon, the EU gradually formed a unified foreign policy and began to change its attitude towards economic sanctions against other countries. Although the United States enacted the sanctions law on Iran in 2010 continued to retain the extraterritorial jurisdiction clause, the EU has not only unanimously opposed but has promulgated its corresponding sanctions regulations on Iran. The EU’s policy shift toward extraterritorial economic sanctions will have a profound impact on traditional international law.