law-and-politics-on-export-restrictions

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Law And Politics On Export Restrictions

Author : Chien-Huei Wu
ISBN : 1108844782
Genre : Law
File Size : 33. 8 MB
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Delving into the measure of export restrictions, 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 upon 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.

Law And Politics On Export Restrictions

Author : Chien-Huei Wu
ISBN : 9781108957007
Genre : Law
File Size : 90. 69 MB
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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.

Law And Politics Of West East Technology Transfer

Author : Hiroshi Oda
ISBN : 0792309901
Genre : Law
File Size : 22. 49 MB
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This book is based on an international conference at the University of Tokyo on CoCom and its related export control system'. Despite the changes in the overall political climate, such as the new thinking' in Soviet foreign policy, it seems that CoCom will continue to function for some years. Although the scope of control has been narrowed, the control itself has been tightened. All the old problems which caused conflicts within and outside CoCom still exist. The United States is still exercising export controls in an extra-territorial way via its extensive re-export control system. The 1988 Omnibus Trade and Competitiveness Act remains unaltered, notwithstanding its controversial nature. This book is a major contribution to the discussion of current legal and political issues concerning export controls, a discussion which has gained greatly in importance as a result of the Gulf crisis.

New York University Journal Of International Law Politics

Author : New York University. International Law Society
ISBN : UCAL:B5129922
Genre : Electronic journals
File Size : 41. 20 MB
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Export Restrictions On Critical Minerals And Metals

Author : Ilaria Espa
ISBN : 9781107085961
Genre : Business & Economics
File Size : 75. 21 MB
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Examines existing WTO disciplines on export restrictions in light of the proliferation of export restraints on critical minerals and metals.

Distributive Justice And World Trade Law

Author : Oisin Suttle
ISBN : 9781108246668
Genre : Law
File Size : 83. 82 MB
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What does justice demand in international trade regulation? And how far does World Trade Organization (WTO) law respond to those demands? Whether our focus is developing countries, struggling industries, or environmental protection, distributive conflict is a pervasive feature of international economic law. Despite this, we lack an adequate theory of distributive justice for this domain. Drawing on philosophical approaches to global justice, this book advances a novel theory of justice in trade regulation, and applies this to explain and critique the law of the WTO. Integrating theoretical and doctrinal approaches, it demonstrates the potential for political theory to illuminate and inform the progressive development of WTO law, including rules on border measures, discrimination, trade remedies and domestic regulation. Written from an interdisciplinary perspective, accessible to lawyers, philosophers and political scientists, the book will appeal both to theorists interested in building bridges from theory to practice, and practitioners seeking new perspectives on existing problems.

Export Control Law And Regulations Handbook

Author : Yann Aubin
ISBN : 9789041154682
Genre : Law
File Size : 81. 45 MB
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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.

Theory And Practice Of Export Control

Author : Dai Tamada
ISBN : 9811059594
Genre : Law
File Size : 67. 39 MB
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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.

Export Controls

Author : Robert S. Kirk
ISBN : UGA:32108023114013
Genre : Export controls
File Size : 29. 9 MB
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Guide To The Wto And Gatt

Author : Autar Krishen Koul
ISBN : 9789811320897
Genre : Law
File Size : 48. 70 MB
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This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

U S Strategic Trade

Author : John Heinz
ISBN : 9781000010619
Genre : Political Science
File Size : 29. 58 MB
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This book presents a thorough review of U.S. and allied export control policies since World War Il. It presents a historical perspective of how U.S. got into the bureaucratic logjam. The book provides practical and understandable blueprint for the reorganization of the export control function.

New York University Journal Of International Law Politics

Author : New York University. International Law Society
ISBN : UCAL:B5129912
Genre : Electronic journals
File Size : 53. 40 MB
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Knowledge Regulation And National Security In Postwar America

Author : Mario Daniels
ISBN : 9780226817538
Genre : BUSINESS & ECONOMICS
File Size : 78. 15 MB
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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.

Export Restraint And The New Protectionism

Author : Kent Albert Jones
ISBN : STANFORD:36105010484983
Genre : Export controls.
File Size : 71. 86 MB
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A study of an important recent device used to restrict international trade.

Export Control Law And Regulations Handbook

Author : Aubin
ISBN : 9041154434
Genre :
File Size : 45. 39 MB
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Global Trade Law Series Volume 33 Export Control Law and Regulations Handbook provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions in addition to chapters on the international regime in general. 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 pre-eminent Handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. This third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. What''s in this book: 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 structure of the Handbook is identical for all country chapters allowing the readers to quickly find the same information always in the same place regardless of which country chapter they are consulting. In addition, with the Handbook, a variety of practical documents (such as standard licences, permits, authorization, letters, processes) are made available to the readers online. How this will help you: The Handbook remains one of the best-selling works in the trade law portfolio. It provides in-depth, and easy to access information about the main questions that exporters or importers of controlled dual or military goods, technology, or services are confronted with on a day-to-day basis. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance, and customs practitioners) working in relation to an organization 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. The Handbook offers readers access to both substantial and practical information about a very complex and fast moving area of the law as well as an international network of practitioners and professionals that the editors have gathered. Editors: Yann Aubin Arnaud Idiart Features: The Export Control Laws and Regulations Handbook provides an in-depth review of the export control legal and regulatory requirements for the movement of dual use and military goods, technology and services in the 14 countries (or groups of countries (European Union)) having sophisticated trade control regimes around the world. In addition to looking at the movement of dual use and military goods, technology and services, the Handbook is specifically covering, in separate chapters, embargos and sanctions as well as the international regime (multilateral and bilateral agreements or treaties, etc.) for controlled goods, technology or services. The Handbook was made by recognised practitioners for other practitioners in need to know more about the export control regimes covered. Benefits: When buying the Handbook, the readers can access both substantial and practical information about a very complex and fast moving area of the law as well as an international network of practitioners and professionals that the Editors have gathered.

Ec Trade Law Following China S Accession To The Wto

Author : Jan Hoogmartens
ISBN : 9789041123015
Genre : Law
File Size : 81. 11 MB
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The World Trade Organisation cannot be deemed truly international without the full participation of China, a massive market with an increasing number of highly sophisticated sectors. Yet'although China did accede to the WTO in 2001, after fifteen years of negotiations'WTO members persist in classifying China as a non-market economy, with all the trade restrictions such labelling entails. The EC in particular continues to curtail the flow of Chinese-European trade, despite some recent liberalisation in EC import and antidumping regulations. In this important book Dr. Hoogmartens clearly points the way to an equitable resolution of the complex problems raised by the friction between China's planned economy and EC trade policy instruments. The 'economic interface' he constructs takes account of such crucial elements as the following: China's 'unfinished' legal and economic reforms;the danger that the EC may develop an abusive protectionist stance;the challenge to the EC of increased Chinese competition;the persistence of Chinese state-owned enterprises;the absence of a satisfactory methodology to deal with the Chinese variant of a non-market economy;the possible adjustment of EC antidumping regulations vis-à-vis China;emergency safeguards;the role of the rule of law in trade regulation; andthe 'translatability' of Western social and political institutions. Addressing as it does a highly salient present and future aspect of the global economy, EC Trade Law Following China's WTO Accession will be of enormous value to policymakers in international economic law at all national and supranational levels. The author's reasoned and cautious analysis builds a sound platform for the ongoing development of peaceful and mutually beneficial commercial relations between Europe and China.

Laws Regulations Relating To Control Of Import Export Trade In Member Countries

Author : Asian-African Legal Consultative Committee
ISBN : UIUC:30112021563140
Genre : Foreign trade regulation
File Size : 86. 73 MB
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Trading With The Enemy

Author : Hugo Meijer
ISBN : 9780190613952
Genre : Political Science
File Size : 53. 61 MB
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In light of the intertwining logics of military competition and economic interdependence at play in US-China relations, Trading with the Enemy examines how the United States has balanced its potentially conflicting national security and economic interests in its relationship with the People's Republic of China (PRC). To do so, Hugo Meijer investigates a strategically sensitive yet under-explored facet of US-China relations: the making of American export control policy on military-related technology transfers to China since 1979. Trading with the Enemy is the first monograph on this dimension of the US-China relationship in the post-Cold War. Based on 199 interviews, declassified documents, and diplomatic cables leaked by Wikileaks, two major findings emerge from this book. First, the US is no longer able to apply a strategy of military/technology containment of China in the same way it did with the Soviet Union during the Cold War. This is because of the erosion of its capacity to restrict the transfer of military-related technology to the PRC. Secondly, a growing number of actors in Washington have reassessed the nexus between national security and economic interests at stake in the US-China relationship - by moving beyond the Cold War trade-off between the two - in order to maintain American military preeminence vis-à-vis its strategic rivals. By focusing on how states manage the heterogeneous and potentially competing security and economic interests at stake in a bilateral relationship, this book seeks to shed light on the evolving character of interstate rivalry in a globalized economy, where rivals in the military realm are also economically interdependent.

Enforcing European Union Law On Exports Of Dual Use Goods

Author : Anna Wetter
ISBN : 9780199548965
Genre : History
File Size : 60. 25 MB
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Export controls on dual-use goods -- goods that can be used for both civilian and military purposes -- are an essential tool in combating the proliferation of weapons of mass destruction (WMD). This report examines the role of national law enforcement and criminal justice systems in the effective enforcement of export controls, focusing on the enforcement of European Union export control rules in the member states. Enforcing European Union Law on Exports of Dual-Use Goods introduces the often complex international, European and national legislation and arrangements governing the control of dual-use exports in the EU in a clear and methodical manner. Case studies describe the dual-use export control legislation and enforcement systems in four EU member states along with real-life investigations and prosecutions. The book also offers recommendations for enhancing national export control systems and their enforcement.

United States Technology Export Control

Author : Douglas E. McDaniel
ISBN : 9780275941642
Genre : Political Science
File Size : 27. 73 MB
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This broad-ranging and timely study analyzes and evaluates the effectiveness of U.S. export controls in delaying the acquisition of militarily sensitive high technology by the former USSR and its allied states. In addition, the question of whether or not U.S. economic competitiveness in various high-technology sectors has been unduly undermined by export controls is also evaluated. Numerous official government studies and reports, supplemented by a host of interviews with government officials, businesspeople, and analysts in the U.S. and Europe are utilized in drawing conclusions and posting policy recommendations.

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