scholarly journals Trade and Emerging Technologies

2021 ◽  
pp. 1-24
Author(s):  
Cindy Whang

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.

2021 ◽  
pp. 1-10
Author(s):  
Machiko Kanetake

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.


2019 ◽  
Vol 22 (4) ◽  
pp. 579-599
Author(s):  
Cindy Whang

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.


2021 ◽  
Author(s):  
Saif Khan

Semiconductors are a key component in fueling scientific progress, promoting economic advancement, and ensuring national security. This issue brief summarizes each component of the semiconductor supply chain and where the United States and its allies possess the greatest leverage. A related policy brief, “Securing Semiconductor Supply Chains,” recommends policy actions to ensure the United States maintains this leverage and uses it to promote the beneficial use of emerging technologies, such as artificial intelligence.


Author(s):  
N. P. Gribin

Under the Goldwater-Nichols Defense Department Reorganization Act of 1986, the President of the United States must submit to Congress each year a report on the national security strategy. This report under the name of “National Security Strategy” is intended to be a comprehensive statement anticipating the worldwide interests, goals and objectives that are deemed crucial to the national security of the United States. The new “National Security Strategy” (December 2017) lays out the strategic vision of the Presidential Administration under Donald Trump about ways and means by which the US seeks to deal with internal and external threats. The authors of the Strategy set themselves the main task of proving that American security is based on the realization that American principles are: “a lasting force for good in the World.”  The authors of the Strategy prioritize the protection of the American way of life and American interests all over the world. In that aspect, they see the main danger from the hostile states and non-states actors who are “trying to acquire different types of weapons”. In addition, the administration is demonstrating concerns about the activity of international terrorist organizations (jihadist), transnational criminal organizations, drug cartels and cybercrime. Different from previous similar documents, Trump’s Strategy makes an evident accent on economic security as an important part of national security. The task in that area is “to rebuild economic strength at home and preserve a fair and reciprocal international system.” In a rather confronting manner, the Strategy assesses the role of China and Russia in the international affairs. It underlines that between the main sets of challengers – “the revisionist powers of China and Russia and the rogue states of Iran and North Korea”, the United States will seek areas of cooperation with competitors but will do so from a position of strength. The Strategy pays great attention to restoring military capability of the US. It is stressed that military strength remains a vital component of the competition for influence. In a certain sense, the authors of the Strategy demonstrate a new approach to the role of diplomacy, and especially in regards to the tools of economic diplomacy, intended to protect the US “from abuse by illicit actors”. Pillar four of the Strategy outlines considerations for expanding US influence on a global scale and for supporting friendly partners. As stated in the Strategy, American assistance to developing countries should help promote national interests and vice versa. The US will use all means, including sanctions, to “isolate states and leaders that pose a threat to the American interests.” The Strategy pays much attention to the regional aspect of national security, and, from these positions, the situation in various parts of the world (the Indo-Pacific region, Europe, the Middle East, etc.) is assessed. The authors emphasize that changes in the balance of power at the world level can cause global consequences and threaten American interests and US security. On the contrary, “stability reduces the threats that Americans face at home.”


2021 ◽  
Author(s):  
Kristina Brugger

In the post 9/11 era the governments of Canada and the United States are faced with the challenge of enhancing national security while maintaining the flow of goods, services, and people. In addressing this matter, Canada has confronted some difficulty in the reformation of its security and immigration policies in attempting to strike a balance between meeting the demands of the United States, while also taking domestic considerations into account such as respect for human rights. Given the high levels of immigration seen in Canada, many believe that Canada is leaving itself open to cross border activities that pose threats to national security. As a result, it is questionable whether Canada’s border management initiatives are properly equipped to combat threats to national security considering the effects high levels of immigration can have on border management efforts.


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.


2021 ◽  
pp. 1-12
Author(s):  
Ben Wagner

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.


Author(s):  
Alasdair Roberts

This chapter focuses on the third dilemma in the design of governance strategies: When leaders devise governance strategies, they must decide whether borders will emphasize separation or connection with the rest of the world. Such a decision is not easy, and different considerations—national security, economic growth, internal cohesion, human rights—may pull in opposite directions. In the early years of the republic, American leaders often emphasized separation from the rest of the world. In the twenty-first century, there are good reasons why American leaders must look beyond their borders. Some dangers—climate change, nuclear proliferation, terrorism, economic instability—can be addressed properly only by building international institutions that promote cooperation among states. The challenge for leaders is to build these institutions without appearing to betray people back home. The doctrine of universal human rights, consolidated over the last seventy years, complicates strategy-making even further, because it sometimes demands that foreigners be given treatment comparable to that of citizens. However, this doctrine might not be well understood or generally accepted by many people within the United States.


2007 ◽  
Vol 35 (3) ◽  
pp. 447-498 ◽  
Author(s):  
Wei Luo

After World War II, the non-proliferation of weapons of massive destruction (WMD) and the export controls of conventional weapons and civilian and military dual use technologies have been one of the most important focal point of international cooperation. Many international treaties have been signed and the international organizations have been established to promote these non-proliferation and export control efforts. The industrialized countries and the developing countries of China, India, and Pakistan that possess nuclear weapons and missile technologies have also enacted domestic laws and set up administrative regimes to control these goods and technologies from flowing to other countries or undesirable people. Among these countries, the United States has been the leader strongly advocating non-proliferation of WMD and export controls of civilian and military dual use goods. In fact, the United States has established a very sophisticated export control system to prevent its weapons and technologies from going to the hands of any adversaries. Because the complicities and overlaps of international treaties and domestic laws on this topic, it warrants a research guide for would-be researchers to walk through the maze of international and domestic export control regimes.


Sign in / Sign up

Export Citation Format

Share Document