Dual-Use Export Control: Security and Human Rights Challenges to Multilateralism

2021 ◽  
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Export Control ◽  
Dual Use

Whose Politics? Whose Rights? Transparency, Capture and Dual-Use Export Controls

2021 ◽  
pp. 1-12
Author(s):  
Ben Wagner
Keyword(s):  
Human Rights ◽  
Export Control ◽  
International Governance ◽  
Dual Use ◽  
Governance Mechanisms ◽  
Export Controls ◽  
Critical Perspective ◽  
Policy Tool ◽  
Governance Challenges ◽  
Policy Solutions

Abstract What kinds of politics do export controls entail and whose rights do they enable? The following article will take a critical perspective on the governance challenges associated with export controls of dual-use technologies. After discussing challenges around transparency, the performance of human rights and export control havens, this article will then turn to looking at policy solutions, including audits, transparency and targeted international governance mechanisms. With conclusion, export controls continue to constitute an important policy tool to promote human rights and can be improved considerably to strengthen human rights further.

scholarly journals The EU’s dual-use export control and human rights risks: the case of cyber surveillance technology

2019 ◽  
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Export Control ◽  
Dual Use ◽  
Freedom Of Association ◽  
The Right To Privacy ◽  
Surveillance Technology ◽  
The Right ◽  
The Arab Spring ◽  
The Eu

Export of cyber technology can undermine human rights in countries of destination. In the aftermath of the Arab Spring, political controversies have arisen around EU-exported cyber surveillance technology, which allegedly helped autocratic states monitor and arrest dissidents. While cyber technology is indispensable to our lives, it can be used to suppress the right to privacy, the freedom of expression and the freedom of association, not only in the EU, but also in the countries it trades with. The EU has taken a proactive role in reforming the export of human rights-sensitive cyber technology. In September 2016 the European Commission proposed the integration of human rights due diligence in the process of export control. The Commission’s proposal, however, invited strong contestations both from industry and Member States. Essentially, dual-use export control has developed in order to mitigate military risks. Attempts to integrate human rights risks in export control have thus invited discomfort among stakeholders. This paper unpacks normative tensions arising from the EU’s attempts to integrate human rights risks in its export control regimes. By so doing, the paper highlights fundamental tensions embedded in the EU’s value-based Common Commercial Policy, of which dual-use export control forms an integral part.

scholarly journals Controlling the Export of Digital and Emerging Technologies

2021 ◽  
pp. 1-10
Author(s):  
Machiko Kanetake
Keyword(s):  
Human Rights ◽  
Emerging Technologies ◽  
Weapons Of Mass Destruction ◽  
Export Control ◽  
Mass Destruction ◽  
Dual Use ◽  
Export Controls ◽  
The Us ◽  
Protection Of Human Rights ◽  
Regulatory Challenges

Abstract Dual-use export control regulates the trade of items which serve both civilian and military purposes. Justification for imposing export controls has been furnished by the need for safeguarding regional and international security, especially the non-proliferation of weapons of mass destruction. The rationale for applying export controls has been subject to challenges, however. This Security and Human Rights special issue addresses the underlying justification for imposing export controls by focusing on their technological fronts. Scott A. Jones’ piece sheds light on the regulatory challenges that have arisen for the US’ control over so-called “emerging” technologies. Cindy Whang moves on to compare the US’ approach with that of the EU’s dual-use export control. Ben Wagner proposes a set of policy options for the design of export controls on digital technologies, so that they can serve as an effective vehicle for promoting the protection of human rights.

scholarly journals A European Dilemma: The EU Export Control Regime on Dual-Use Goods and Technologies

2016 ◽  
Vol 7 (3) ◽  
pp. 161-172 ◽  
Author(s):  
Hamed Alavi ◽  
Tatsiana Khamichonak
Keyword(s):  
Technological Development ◽  
Export Control ◽  
Dual Use ◽  
Control Groups ◽  
Policy Attitudes ◽  
Council Regulation ◽  
Technology Control ◽  
Economic Ties ◽  
Control Regime ◽  
The Eu

Abstract Export controls for dual-use items are an important constituent element of both the security policies of state exporters and WMD non-proliferation efforts. Dual-use goods and technologies can be used for both civil and military purposes, which requires careful oversight over their export to countries that are considered unfriendly or have ambiguous foreign policy attitudes. By their very nature, dual-use items may be used both to further legitimate ends, like promoting technological development and strengthening economic ties, and to aid in unwarranted acts. State exporters are faced with the responsibility of balancing the security objectives pertaining to exports of dual-use items with the competitiveness of local economies. The paper discusses the EU export control regime and EU membership in international export control groups. In doing so, comparative and normative research methods are chosen to analyze existing literature on Council Regulation 428/2009 and other international export control groups, including the Wassenaar Arrangement, the Missile Technology Control Regime (MTCR), the Australia Group (AG) and the Nuclear Suppliers Group (NSG). The paper will conclude by identifying shortcomings and addressing possible amendments to the regulation.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals Licensed to kill: The United Kingdom's arms export licensing process

2008 ◽  
Vol 3 (1) ◽  
Author(s):  
Anna Stavrianakis
Keyword(s):  
Human Rights ◽  
Export Control ◽  
Human Rights Violations ◽  
Regional Stability ◽  
Export Policy ◽  
Arms Trade ◽  
Arms Export ◽  
The Relationship

The article addresses the U.K. government's arms export licensing process to try to account for the discrepancy between its rhetoric of responsibility and practice of ongoing controversial exports. It describes the government's licensing process and demonstrate how this process fails to prevent exports to states engaged in internal repression, human rights violations, or regional stability. It then sets out six reasons for this failure: The vague wording of arms export guidelines; the framing of arms export policy; the limited use (from a control perspective) of a case-by-case approach; the weak role of pro-control departments within government; pre-licensing mechanisms that facilitate exports and a lack of prior parliamentary scrutiny, which means the government's policy can only be examined retrospectively; and the wider context of the relationship between arms companies and the U.K. state. It is concluded that the government's export control guidelines do not restrict the arms trade in any meaningful way but, rather, serve predominantly a legitimating function.

China’s Export Control Law enables trade retaliation

2020 ◽  
Keyword(s):  
National Security ◽  
Export Control ◽  
Control Law ◽  
Legal Basis ◽  
Dual Use ◽  
Export Controls ◽  
Content Type ◽  
Foreign Companies ◽  
Trade Retaliation ◽  
Comprehensive Framework

Significance It establishes a comprehensive framework for restricting export of military and dual-use products and technologies on national security grounds or for public policy reasons. It creates a legal basis for mandatory licensing or outright prohibition of the export of products, services or technologies based on their features, their end-users and end-uses, and geographical destinations. Impacts Export controls will help to maintain the international competitiveness of Chinese firms as their technological capabilities advance. Foreign companies may find themselves under investigation in China for acts they perform elsewhere. The law covers transportation, so shipping companies may need to reconsider their routing decisions.

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