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 Trading Emerging Technologies: Export Controls Meet Reality

2021 ◽  
pp. 1-13
Author(s):  
Scott A. Jones
Keyword(s):  
Emerging Technologies ◽  
Technological Development ◽  
Development Economic ◽  
Export Control ◽  
Dual Use ◽  
Export Controls ◽  
Control Effort ◽  
Economic Competitiveness ◽  
The Us ◽  
Controls Systems

Abstract “Emerging technologies” and the growing inventory of their dual-use applications increasingly challenge policymakers with how to balance technological development, economic competitiveness, and national security priorities. While dual-use export control regulators have always struggled with balancing economic and security interests, emerging technologies are challenging controls systems ill-equipped to define or practically control them. As the most advanced case, the US export control effort is an instructive regarding the challenges of deploying conventional controls over defining and controlling rapidly developing technology sets. This article reviews the US case in light of the current challenges posed by emerging and foundational technologies.

ECONOMIC CONTRADICTIONS ARE RELATED TO THE USE AND TRANSFER OF DUAL-USE GOODS AND TECHNOLOGIES

2018 ◽  
Author(s):  
Oleksandr Boguslavskyy ◽  
Keyword(s):  
New Technologies ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Dual Use ◽  
Export Controls ◽  
National Interests ◽  
Modern Economy ◽  
Political Interests ◽  
The Creation ◽  
Means Of Production

The article is devoted to the study of economic contradictions related to the use and transfer of dual-use goods and technologies. The article highlights different approaches to defining the categories «technology» and «dual-use technology». Types of dual-use technologies are outlined. The main economic contradictions related to the use and transfer of dual- use goods and technologies are identified: 1) contradictions related to the creation of new technologies that can be both useful in the civilian and military spheres; 2) contradictions related to the manufacture and use of dual-use goods; 3) Contradictions are related to the creation of new means of production that can be used both for the production of civilian goods and for CBRN; 4) contradictions in the use of technological processes for the civilian and military spheres; 5) contradictions related to the development of transport and improvement of methods of delivery of CBRN; 6) contradictions between the interests of economic development of different countries on the basis of the introduction of new technologies and non-proliferation of CBRN; 7) interstate political and economic contradictions regarding the CBRN; 8) contradictions between groups of countries and individual countries regarding the non-proliferation of CBRN; 9) contradictions related to environmental pollution in the process of manufacturing and testing of CBRN; 10) contradictions in the realization of economic and political interests between countries that have modern weapons of mass destruction and countries that do not possess these weapons; 11) contradictions regarding the protection of their national interests etc. The peculiarities of the transfer of dual-use goods and technologies in the modern economy are shown and it is determined that it acquires a network character. The need to apply export controls to the transfer of dual-use goods and technologies is emphasized.

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 Trade and Emerging Technologies

2021 ◽  
pp. 1-24
Author(s):  
Cindy Whang
Keyword(s):  
Human Rights ◽  
National Security ◽  
Emerging Technologies ◽  
The United States ◽  
Economic Security ◽  
Export Control ◽  
Trade Restrictions ◽  
Export Controls ◽  
Trading Partners ◽  
Council Regulation

Abstract Export controls are domestic trade restrictions placed on technologies that have been determined to be important to the national security concerns of a country. In recent years, the policy purpose for maintaining export control regulations have shifted, and how these new export control regulations would interact with new emerging technologies is something that should be analyzed and considered. The passage of the United States (US) Export Control Reform Act (ecra) of 2018 and the proposed regulatory changes for the European Union’s (EU) Council Regulation (ec) No. 428/2009 have shifted the focus of dual-use export controls so that the national security goals of these controls have broadened to include economic security and human rights concerns. This paper argues that the infusion of geoeconomics into US national security considerations and the proposed expansion to include human rights considerations into EU export control regulations are made mutually exclusive of each other and were not made to expand the reach of export controls in a unifying way. Rather, the purpose and structural change to export control regulations serves to create more regulatory barriers on the trade of emerging technology industries that would not only impact the US and the EU, but also their international trading partners.

The strange case of US v. ZTE: a prosecution, a ban, a fine and a presidential intervention

2019 ◽  
Vol 21 (6) ◽  
pp. 550-573
Author(s):  
Ewan Sutherland
Keyword(s):  
Human Rights ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Content Type ◽  
Telecommunication Equipment ◽  
The Us ◽  
Strict Enforcement ◽  
Court Proceedings ◽  
Materials Used ◽  
Practical Implications

Purpose The purpose of this paper is to review the prosecution by US authorities of Zhongxing Telecommunication Equipment (ZTE) Corporation for its violation of sanctions against the sale of systems to Iran and North Korea; the violation of the plea agreement; and, following presidential intervention, the imposition of a further fine and restructuring of its management. Design/methodology/approach An analysis of the materials used in court proceedings and speeches by officials in the case against ZTE Findings The US president intervened in a quasi-judicial matter in which a foreign firm had violated US sanctions that he had supported to lessen the penalties it faced. The firm had also violated its plea agreement. This personal intervention weakened enforcement of US sanctions on human rights and weapons of mass destruction (WMD). However, it revealed the excessive reliance of Chinese manufacturers on US-domiciled suppliers of semiconductors and software. Research limitations/implications Neither was access to Chinese documents possible nor would it have been practicable to interview managers at ZTE. Practical implications Enforcement of US sanctions on the sale of telecommunications equipment have now been moved from strict enforcement on matters of human rights and WMD into political, trade and even personal negotiations with the US president. Originality/value A first analysis of a telecommunications sanctions case.

Exportkontrolle zwischen europäischen und nationalen Interessen

2020 ◽  
Author(s):  
Jonas Bazan
Keyword(s):  
Control System ◽  
Weapons Of Mass Destruction ◽  
Export Control ◽  
The European Union ◽  
Mass Destruction ◽  
National Interests ◽  
Institutional Power ◽  
Protection Of Human Rights ◽  
European Trade ◽  
European Export

The European export control system of dual-use goods is a pillar in the fight against proliferation of weapons of mass destruction and for the protection of human rights. But who actually decides in the complex entanglement of national security interests, European trade policy and international prevention regimes which goods are allowed for export out of the European Union? In his study, which was awarded the “Aquila ascendens” knowledge prize of the DialogForum Sicherheitspolitik, Jonas Bazan analyses institutional power shifts in the European export control system and reveals whether a structural Europeanisation has taken place or whether the European institutions remain subordinate to national interests of the member states.

scholarly journals Biological export controls: defending Australia from WMD proliferation

2003 ◽  
Vol 24 (2) ◽  
pp. 33
Keyword(s):  
Control System ◽  
Security Policy ◽  
Vital Role ◽  
Weapons Of Mass Destruction ◽  
Export Control ◽  
Mass Destruction ◽  
Export Controls ◽  
Policy Objectives

The current world climate has reinforced the need for vigilance in ensuring that goods originating from Australia are not diverted for use in a weapons of mass destruction (WMD) programme. Australia?s export control system plays a vital role in ensuring that we uphold our commitment to being a responsible exporter of defence and strategic goods and that any items exported are consistent with our strategic and security policy objectives.

North Korea in 2017

Asian Survey ◽  
2018 ◽  
Vol 58 (1) ◽  
pp. 33-42 ◽  
Author(s):  
Gi-Wook Shin ◽  
Rennie J. Moon
Keyword(s):  
North Korea ◽  
Nuclear Test ◽  
Ballistic Missile ◽  
Weapons Of Mass Destruction ◽  
Mass Destruction ◽  
Korean Society ◽  
The Us ◽  
Heated Debate ◽  
Intercontinental Ballistic Missile

Kim Jong Un continued to consolidate his power through personnel changes, and North Korean society saw increasing consumerism, along with signs of growing inequality. The economy did well through early 2017 but the subsequent effects of sanctions remained uncertain. North Korea conducted its first test of an intercontinental ballistic missile and its sixth nuclear test, triggering heated debate in the US and elsewhere about how to respond. Kim clearly is not going to give up working on weapons of mass destruction.

Undermining the Consensus-Building and List-Based Standards in Export Controls: What the US Export Controls Act Means to the Global Export Control Regime

2019 ◽  
Vol 22 (4) ◽  
pp. 579-599
Author(s):  
Cindy Whang
Keyword(s):  
World War Ii ◽  
National Security ◽  
Export Control ◽  
Consensus Building ◽  
World War ◽  
Export Controls ◽  
Post World War Ii ◽  
The Us ◽  
The Usa ◽  
Control Regime

ABSTRACT On 13 August 2018, US President Donald Trump signed a legislation called the ‘Export Controls Act of 2018’ (ECA) that is important for reinvigorating the export control regime in the USA. This paper argues that contents of the ECA will not only impact the USA but also the way that the ECA is structured will potentially have a long-lasting influence on international export control regimes and the role that export controls play in international trade. International export control regimes were established post-World War II as a trade measure to pursue common strategic and national security goals among allied countries. Due to the sensitive nature of national security issues, international export control agreements were structured as non-binding agreements that heavily relied on the consensus of participating countries in formulating export control lists that the participating countries could then adopt in their domestic regulations. The cohesiveness of the global export control regimes has been based on the cornerstones of the consensus-building and list-based standards. The USA established its export control regimes to complement these international export control regimes and has been a strong proponent of requesting countries to adopt the international export control lists into domestic regulations. With the passage of the ECA, the infusion of economic policy considerations such as maintaining the USA’s technological leadership through adding a category of emerging and foundational technology has changed the long-standing export control narrative. Through the changes made to the US ECA, the scope of national security subject to export control regimes has expanded from being focused on military-oriented goods and technology into one that now includes commercial technology. While the changes made through the ECA serve to protect the USA’s technological interests, the statute could also undermine important elements of the global export control regime that the international community has established in the past seventy years post-World War II.

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