Long-Arm Jurisdiction And Its Bad Consequences For The Whole World

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By: Alpha Mohamed Jalloh

Director China Africa Institute

A saying goes: “What is good for the geese is also good for the gander.” It is time for the truth to be told and only the truth shall set us free. A clear introspection of the U.S. long-arm jurisdiction is a serious cause for concern from an African perspective to the International Community. I consider this approach as self-centered; implemented by the U.S. to suppress other foreign nations in terms of economic, political, social and otherwise. According to US domestic law, long-arm jurisdiction refers to jurisdiction over persons or entities domiciled or resident outside the territory of the sanctioning state. It was first introduced in U.S. (1945), in a matter between the case of International Shoe Co. Vs. State of Washington.

The exercise and expansion of this system has raised an eye brawl of many nations including China, which is the largest Semiconductor market in the world and the fastest growing economy. The United States has a longstanding practice of exerting frequent long-arm jurisdiction over other countries, including both its allies and countries with it has hostile or strained relations. In recent times, the practice has kept expanding in scope, with U.S. “arms” stretching longer and longer.

Nevertheless, the long-arm jurisdiction has become a tool for the U.S. authorities to interface with normal international commercial exchange and competition. This situation however, has enabled the U.S. to sanction even countries they benefit from in terms of trade or otherwise. U.S. sanctions have strained relations between countries and undermined the International Order. So far, this “long-arm” of U.S. jurisdiction has reached China, Russia, Iran, Syria, the Democratic People’s Republic of Korea, Cuba, France, Britain, Germany, Japan, among others.

This actually sets a bad precedent in the International arena. It should be clearly noted that the long-arm jurisdiction does not only undermines the principle of sovereign equality, violates International law, and erodes the Multilateral order with the United Nations as its core, but also creates and intensifies tensions and conflicts among major countries, and poses a threat to the International security system established after World War II.

The system also interferes with and distorts normal international commercial exchanges and trade order, disrupts the supply chain of global trade, damages the interests of enterprises and raises their operating costs.

U.S. technological hegemony reveals foul imperialist mentality: the  harsher export restrictions that the United States intends to impose on the Chinese Tech firm Huawei reveals nothing but its Zero-Sum and foul imperialist mentality. such despicable moves would lead to nothing, but rather disrupt global Industrial and supply chains, causing harm to parties involved in the  global Chain. How could a nation deprived its own national companies with licenses to export to Huawei and is pushing a deal with Japan and Netherlands for them to impose new restrictions on experts of Chip-making tools to China, failing to realize  that many U.S. Companies have advanced their own innovations because they have Huawei as their partners, according to recent report by International Media outlets. This is another clear indication of U.S. barefaced technological hegemony. In fact, this is not the first time U.S. Suppressed a foreign company in this manner. The French Company Alstom and Japanese semi semiconductor industry fell prey to suppression by the United States through various means.

The United States should renounce its illegal unilateral sanctions and long-arm unilateral sanctions and long-arm jurisdiction measures, and truly take up its international responsibilities as one of the strongest and permanent members of the UN Security Council. It is high time the U.S. should stop mimicking itself with the long-arm jurisdiction system and as well respect the political, social, economic, activities of other sovereign nations. A word for a wise is enough!!

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