Law and Politics on Export Restrictions

Law and Politics on Export Restrictions

Author: Chien-Huei Wu

Publisher: Cambridge University Press

Published: 2021-07-29

Total Pages: 519

ISBN-13: 1108957005

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Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.


Export Control Law and Regulations Handbook

Export Control Law and Regulations Handbook

Author: Yann Aubin

Publisher: Kluwer Law International B.V.

Published: 2016-05-15

Total Pages: 637

ISBN-13: 904115468X

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The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.


Knowledge Regulation and National Security in Postwar America

Knowledge Regulation and National Security in Postwar America

Author: Mario Daniels

Publisher: University of Chicago Press

Published: 2022-04-25

Total Pages: 451

ISBN-13: 0226817539

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The first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Mario Daniels and John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.


The Export Administration Act

The Export Administration Act

Author: James V. Weston

Publisher: Nova Publishers

Published: 2005

Total Pages: 160

ISBN-13: 9781594542206

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The book provides the statutory authority for export controls on sensitive dual-use goods and technologies, items that have both civilian and military applications, including those items that can contribute to the proliferation of nuclear, biological and chemical weaponry. This new book examines the evolution, provisions, debate, controversy, prospects and reauthorisation of the EAA.


Theory and Practice of Export Control

Theory and Practice of Export Control

Author: Dai Tamada

Publisher: Springer

Published: 2017-10-12

Total Pages: 168

ISBN-13: 9811059608

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This is the first book to focus on the theoretical and practical issues of export control. It combines the points of view of Japanese and French academics and practitioners, including personnel at several governmental institutions and private companies. Presenting the results of a collaboration between Japanese and French academics, it contributes to the development of a new debate on export control. Although export control has been discussed within the framework of international law in terms of peace and security, its scope has now been expanded to international economic law (i.e., WTO law and international investment law). This means that in order to discuss export control appropriately, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.


U.S. Trade Policy

U.S. Trade Policy

Author: William Anthony Lovett

Publisher: M.E. Sharpe

Published: 1999

Total Pages: 244

ISBN-13: 9780765603241

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A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.


The Regulation of International Trade

The Regulation of International Trade

Author: Robert Howse

Publisher: Routledge

Published: 2005-08-08

Total Pages: 640

ISBN-13: 1134667485

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The Regulation of International Trade 2nd Edition introduces the rules and institutions that govern international trade. The authors base their analysis on aspects of the subject from classic and contemporary literature on trade and political economy. This new edition has been fully updated to take account of the most recent developments in International Trade. New issues covered include: trade and competition trade and labour rights the Multilateral Agreement on Investment the Basic Telecoms and Financial Services WTO Agreements an analysis of the first three years of WTO dispute rulings, including those of Appelate Body. Drawing on the success of the earlier edition, this comprehensive and up to date text will be an invaluable guide to students of economics, law, politics and international relations.


Regulation of Energy in International Trade Law

Regulation of Energy in International Trade Law

Author: Yulia Selivanova

Publisher: Kluwer Law International B.V.

Published: 2011-07-28

Total Pages: 450

ISBN-13: 9041142797

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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade – as well as energy-related issues addressed in the current WTO negotiations – the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.


International Law of Export Control:Jurisdictional Issues

International Law of Export Control:Jurisdictional Issues

Author: Karl Meessen

Publisher: Springer

Published: 1992-03-03

Total Pages: 220

ISBN-13:

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This volume comprises the wide research undertaken by the International Law Association's Committee on Extraterritorial Jurisdiction, revised and updated for publication. It provides an overview of the export control laws and practice in several countries (Argentina, USA, France, Netherlands, Germany, UK, Italy, Austria and Canada), and the exporting state and state of prohibited destination. Throughout, the problem of extraterritorial jurisdiction is examined from both the international law and conflicts of law viewpoint.