Features of the Use of Centralized and Decentralized Instruments of Foreign Trade Coercion

M. Novikov, S. Zemlyanskaya
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Abstract

Measures of foreign trade restriction are a set of restrictive actions taken against the violator of the norms of international law to ensure the fulfillment of obligations imposed on them within the framework of the institute of international legal responsibility. The application of these measures is based on strict observance of the principles of legitimacy, in connection with which it was found that their essence lies in the introduction of temporary retaliatory restrictions in the field of violated obligations, forcing the delinquent to ensure the restoration of the rights and interests of participants in international economic relations affected by his illegal actions. Most of these measures are concentrated in the field of international trade exchange and are implemented through the use of instruments of foreign trade coercion, which are a set of practical means and methods of restricting export-import operations, the impact of which affects all areas of international trade, thereby providing comprehensive pressure on the violator. Further consideration of these instruments allowed us to establish that the methods of their impact can be based on the use of market mechanisms or the establishment of direct prohibitions. In accordance with this, it is customary to classify the instruments of foreign trade coercion into customs tariff and non-tariff restrictions, the arsenal of which is steadily expanding, including through means of a veiled nature.
集中与分散对外贸易强制手段的使用特点
外贸限制措施是对违反国际法准则者采取的一套限制性行动,以确保履行在国际法律责任制度框架内强加给他们的义务。这些措施的实施是以严格遵守合法性原则为基础的,就这些原则而言,人们认为这些措施的实质是在违反义务方面实行暂时的报复性限制,迫使违法者确保恢复受其非法行为影响的国际经济关系参与者的权利和利益。这些措施大多集中在国际贸易交流领域,并通过使用外贸胁迫手段来实施,这是一套限制进出口业务的实际手段和方法,其影响影响到国际贸易的所有领域,从而对违反者提供全面的压力。对这些文书的进一步审议使我们确定,发挥其作用的方法可以基于利用市场机制或建立直接禁令。根据这一点,习惯上将对外贸易胁迫手段分为关税和非关税限制,这些手段正在稳步扩大,包括通过隐蔽的手段。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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