JEAIL > Volume 15(2); 2022 > Reviews
Review Article
Published online: Nov. 30, 2022

The Proportionality and Necessity of Unilateral Sanctions

Yen-Chiang Chang
Dalian Maritime University
1 Linghai Rd, Ganjingzi District, Dalian, Liaoning, PRC 116026
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Professor Sienho Yee has recently published a paper in Chinese Journal of International Law, entitled, “Unilateral Sanctions: Kind and Degree; Long-arm and Strong Arm Jurisdiction; Real Intent and ‘Could-be’ Intent.” Yee has ably elaborated that to assess the conduct of unilateral sanctions, there is a need to consider a question of “kind” so as to a question of “degree.” Further, the so-called “long-arm jurisdiction” should be better phrased as “strong-arm jurisdiction” since sometimes long-arm jurisdiction may be lawful, whereas the current version of the long-arm jurisdiction asserted by the United States is so extreme that it is no longer lawful. To this end, attention should be paid to the level of scrutiny or standard of review that a decision-maker would apply to the assessment of intent. Following from Yee’s thoughts, this note would like to elaborate further on another aspect, namely, the proportionality and necessity of unilateral sanctions.

Keywords : Proportionality, Necessity, Unilateral Sanctions, China

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