Abstract
Extraterritoriality is the prominent turning of economic sanctions against Russia as the response to Russia’s aggression against Ukraine, with aiming of the circumvention sanctions. This article focuses on whether the extraterritorial application of EU restrictive measures necessarily violates international law. For the third-party states, do they have international law obligations to comply with the jurisdiction of the EU? Beginning with the overview the sanction regime of the EU against Russia for its invasion of Ukraine, the author outlines extraterritorial sanctions exceed the confines of the territorial principle of jurisdiction, exploring the compatibility between extraterritorial sanctions and countermeasures of the third-party, codified in Article 50, the UN Charter, and the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), 2001. When economic sanctions as measures that are consistent with the sanctioning state’s international obligations, which does not require some form of separate legal justification. The author concludes that what extraterritoriality of restrictive measures the EU has imposed on Russia in response to its aggressive war in Ukraine is the constructive role in upholding rule-based international order when they are under the clarified international legal conditionality. The practices of EU’s extraterritorial sanction against Russian suggest that could lead to a turning point in international sanctions practice, whereby the imposition of extraterritorial sanctions would be perceived as legitimate means to ensure the effectiveness of some specific sanctions regimes with aims of upholding international norm.