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Le droit comme outil diplomatique : le cas de l'offensive américaine contre Huawei

Abstract : Law as a Diplomatic Tool: The Case of the US Offensive Against Huawei -- Since 2018, the United States have been leading a broad diplomatic effort to convince their partners and allies to ban Huawei equipment from their telecommunications networks. At the same time, the Chinese company has been subject to criminal prosecutions—one of which led to the arrest of its CFO—and economic sanctions targeting its supply chains. In examining this legal track of the US campaign against Huawei, the aim of this article is to show how the American government used US law for foreign policy purposes. It will consist of two parts. First, it will argue that bringing criminal charges allowed the US government to take advantage of the symbolic aura of the law, in order to challenge the moral integrity of Huawei’s senior management. Secondly, it will show that the use of sanctions allowed the US government to take advantage of the malleability of the law, in order to raise questions about the company’s ability to satisfy its customers’ needs. To that effect, the law was used first and foremost to undermine confidence and trust in Huawei. It is therefore less the company’s behavior that the United States government was seeking to change than that of its partners and allies. Hence the law was used more as a diplomatic tool than a weapon of military or economic “lawfare”.
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Submitted on : Thursday, June 9, 2022 - 3:42:37 PM
Last modification on : Wednesday, September 14, 2022 - 11:40:32 AM

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Mark Corcoral. Le droit comme outil diplomatique : le cas de l'offensive américaine contre Huawei. Raisons politiques, Presses de Sciences Po, 2022, 2022/1 (N° 85), pp.101-116. ⟨10.3917/rai.085.0101⟩. ⟨hal-03692184⟩

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