Alternate Realities: Critical Evaluation of U.S. Legal Sanctions on “Communist Chinese Military Companies”

Li, GX; Hawes, C

Alternate Realities: Critical Evaluation of U.S. Legal Sanctions on “Communist Chinese Military Companies”

Li, GX Hawes, C

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Publisher:: Tsinghua University
Publication Type:: Journal Article
Citation:: Tsinghua China Law Review, 2023, 15, (2)
Issue Date:: 2023-06-29

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Field	Value	Language
dc.contributor.author	Li, GX
dc.contributor.author	Hawes, C
dc.date.accessioned	2023-10-11T01:40:55Z
dc.date.available	2023-10-11T01:40:55Z
dc.date.issued	2023-06-29
dc.identifier.citation	Tsinghua China Law Review, 2023, 15, (2)
dc.identifier.issn	2151-8904
dc.identifier.uri	http://hdl.handle.net/10453/172625
dc.description.abstract	This paper examines the sanctions imposed on “Communist Chinese Military Companies” (CCMCs) by the Trump administration in 2020, and their 2021 modification by President Biden, which target Chinese companies in “defense and related materiel” and “surveillance technology” industries. The first part of the paper introduces key executive orders and relevant legal provisions. The second part of the paper provides a detailed analysis of successful court injunctions obtained by two Chinese companies, Xiaomi and Luokung, as well as their implications for the defects of the original CCMC process. Next, the paper evaluates the continued inclusion of several companies on the current list, from June 2021, casting doubt on how much President Biden’s modified executive order would improve the inconsistent, if not arbitrary, decision-making process. The last part of the paper questions the underlying assumptions that sanctions introduced in such a hasty fashion would contain national security threats China posed to the U.S., make Chinese people better off, or establish the U.S. as a staunch defender of the rule of law.
dc.language	en
dc.publisher	Tsinghua University
dc.relation.ispartof	Tsinghua China Law Review
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1801 Law
dc.subject.classification	48 Law and legal studies
dc.title	Alternate Realities: Critical Evaluation of U.S. Legal Sanctions on “Communist Chinese Military Companies”
dc.type	Journal Article
utslib.citation.volume	15
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
dc.date.updated	2023-10-11T01:40:54Z
pubs.issue	2
pubs.publication-status	Published online
pubs.volume	15
utslib.citation.issue	2

Abstract:

This paper examines the sanctions imposed on “Communist Chinese Military Companies” (CCMCs) by the Trump administration in 2020, and their 2021 modification by President Biden, which target Chinese companies in “defense and related materiel” and “surveillance technology” industries. The first part of the paper introduces key executive orders and relevant legal provisions. The second part of the paper provides a detailed analysis of successful court injunctions obtained by two Chinese companies, Xiaomi and Luokung, as well as their implications for the defects of the original CCMC process. Next, the paper evaluates the continued inclusion of several companies on the current list, from June 2021, casting doubt on how much President Biden’s modified executive order would improve the inconsistent, if not arbitrary, decision-making process. The last part of the paper questions the underlying assumptions that sanctions introduced in such a hasty fashion would contain national security threats China posed to the U.S., make Chinese people better off, or establish the U.S. as a staunch defender of the rule of law.

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http://hdl.handle.net/10453/172625