Abstract
Export controls are legal mechanisms that control the movement and transfer of goods and technology. The movements and transfers they seek to control are international. It is therefore important to gauge the international environment in which export controls operate. This chapter identifies and explains three international phenomena associated with globalization that are intimately linked to the law and policy challenges of Comsat export controls: policy, economic, and techno globalization. These three phenomena are the principal non-legal characteristics of the post-cold war international environment that are transforming international relations and challenging the effectiveness of United States export control of satellite technologies.
Everything changes, nothing remains without change1
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Notes
- 1.
Hindu Prince Gautama Siddhartha, the founder of Buddhism, 563–483 BC. (Quoted in Kobina Wright, “Ten Great Quotes on Change” The American Chronicle (23 October 2008), available online at: American Chronicle <http://www.americanchronicle.com>
- 2.
Oxford English Diction Online, “globalization (n)” (Last Accessed on 25 September 2009).
- 3.
John Agnew, Globalization & Sovereignty (New York: Rowman & Littlefield, 2009) at 12.
- 4.
Id.
- 5.
See Gillian Teubne, Defining a Changing World: The Discourse of Globalization (Ph.D Thesis, Texas A&M University, 2004) [unpublished] at abstract iii. “Globalization has, within academic, political and business circles alike, become a prominent buzzword of the past decade, conjuring a diversity of associations, connotations and attendant mythologies.” See also B. Strath, “The State and Its critics: Is There a Post-Modern Challenger?” in Q. Skinner and B. Strath, Eds., States and Citizens: History, Theory, Prospects (Cambridge: Cambridge University Press, 2003) at 178. “Globalization rhetoric has taken on mythical proportions, in Roland Barthes’s view of myth as the transformation of the cultural products of history into something apparently natural.” See also The Stanford Encyclopedia of Philosophy Online, “globalization” (Last Accessed on 25 September 2009). “Covering a wide range of distinct political, economic, and cultural trends, the term ‘globalization’ has quickly become one of the most fashionable buzzwords of contemporary political and academic debate.”
- 6.
Gillian Teubne, Defining a Changing World: The Discourse of Globalization (Ph.D Thesis, Texas A&M University, 2004) [unpublished] at 2.
- 7.
Since World War II there has been a significant quantitative increase in the number of treaties and other agreements and arrangements between States. Qualitatively, the subject matter international agreements are increasingly covering a broad array of policy subjects (civil aviation, international trade, telecommunications, environmental, etc.). These agreements and arrangements take various forms, ranging from multilateral treaties, bilateral treaties, arrangements, MOUs, codes of conduct, and executive arrangements. See Robert O. Keohane and Craig N. Murphy, “International Institutions” in May Hawkesworth and Maurice Kogan, Eds., Encyclopedia of Government and Politics, 2nd Edition (New York: Routledge, 2004) at 913–915. Keohane & Murphy note that: “The increasing institutionalization of aspects of world politics is indicated not only by the growth in numbers and activity levels of international organizations but also by the increased scope of international regimes. After the Second World War, international regimes were established to deal with issues of exchange rates, trade, reconstruction, food and agriculture, and airline transportation, among others. In the 1950s the conception of economic development led to a proliferation of organizations devoted to it, and hope for peaceful uses of nuclear energy led to the International Atomic Energy Agency. Recently we have witnessed the emergence of regimes governing debt, human rights, and various aspects of the global environment. Yet institutionalization remains uneven by issue area. For instance, there is still no global international regime for petroleum production and marketing, much less for energy or raw materials in general and there are no major multilateral conventions on issues as important as tax and antitrust law.”
- 8.
“Summary of the Annual Review of Developments in Globalization and Regional Integration in the Countries of the ESCWA Region by the United Nations Economic and Social Commission for Western Asia” (UN Doc. E/ESCWA/GRID/2002/2) at 1.
- 9.
OECD’s “Measuring Globalization: Handbook on Economic Globalization Indicators” (2005) at 11.
- 10.
See Hugh R. Slotten, “Satellite Communications, Globalization, and the Cold War” 43(2) Technology and Culture 315 (2002). Dr Slotten refers to the communication satellite as “an essential instrument of globalization.” See Oliver Boyd-Barrett, “International Communication and Globalization: Contradictions and Directions” in Ali Mohammadi Ed., International Communication and Globalization (London: Sage, 1997) at 14. Mr. Boyd-Barrett recognizes that communication satellites have contributed to the development of transnational communication infrastructures central to the modern phenomena of globalization.
- 11.
See Theodore Levitt, “The Globalization of Markets” Harvard Business Review (May–June 1983). Mr. Levitt addresses the impact of globalization on markets. See Gary Hufbaurer and Tony Warren, “The Globalization of Services: What Has Happened? What are the Implications?” Working Paper 9912: Institute for International Economics (1999) at 4. Hufbaurer and Warren identify quantitative increases in cross-border trade in the telecommunication sector utilizing WTO trade data. See Defense Industrial Base Assessment: U.S. Space Industry (U.S. National Security Space Office, 31 August 2007), available online at the U.S. Bureau of Industry and Security: <http://www.bis.doc.gov/defenseindustrialbaseprograms/osies/defmarketresearchrpts/exportcontrolfinalreport08-31-07master___3---bis-net-link-version---101707-receipt-from-afrl.pdf>. The NSSO report identifies that the relative economics of research & development changes within a globalized satellite marketplace. Consider also that in the aerospace manufacturing sector global supply chain manufacturing is being used on certain projects. For example, Boeing Corporation’s most recent commercial passenger aircraft, the 787 Dreamliner, is a product of a global supply manufacturing with varying results. See Stanley Holmes, “Boeing’s Global Strategy Takes Off” Businessweek Online (30 January 2006) <http://www.businessweek.com/magazine/content/06_05/b3969417.htm>. But See Dominic Gates, “Former 787 chief says Boeing Rethinking its global manufacturing approach” Seattle Times Online (31 October 2007) <http://seattletimes.nwsource.com/html/boeingaerospace/2003986302_webbair01.html>.
- 12.
See Charles Shotwell, “Export Controls: A Clash of Imperative” in Richard Kulger and Ellen Frost, Eds., The Global Century: Globalization and National Security (Honolulu: University Press of the Pacific, 2002).
- 13.
Jason Abbott, “Living in The Matrix: Capitalism, Techno-Globalization and the Hegemonic Construction of Space,” Montreal, 2004 (Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 17, 2004) [unpublished]. See also, William Ford Gibson novels.
- 14.
Leonard Lynn and Hal Salzman, “Multinationals, Techno-Enterprises, and the Globalization of Technology Value Chains” (Paper presented at the Global Social Networks and Industry Roadmapping Session: Sloan Industry Studies Conference, Boston, April, 2008) [unpublished].
- 15.
Denis Simon, Techno-Security in an Age of Globalization: Perspectives from the Pacific Rim (New York: M.E. Sharpe, 1996).
- 16.
Al D. McCready, “Strategic Technology Planning for the Techno-Global Economy: Cities in the Market” in Mila Gasco-Hernandez and Teresa Torres-Coronas, Eds., Information Communication Technologies and City Marketing: Digital Opportunities for Cities Around the World (ICI Global, 2009).
- 17.
Sando Montresor, “Techno-Globalism, Techno-Nationalism and Technological Systems: Organizing the Evidence” 21 Technovation 399–412 (2001). Montresor proposes a concept of “technological systems” and examines these systems within a taxonomy to distinguish its implication for those element of “technological systems” which “are more related to the State from those which are closer the idea of a nation.” Montresor discusses this systemic process within the context of what he terms “techno-globalization.”
- 18.
Borisz Szanto, “The Paradigm of Globalism” 21 Technovation 673–687 (2001).
- 19.
Sando Montresor, “Techno-Globalism, Techno-Nationalism and Technological Systems: Organizing the Evidence” 21 Technovation 399–412 at 401 (2001).
- 20.
Consider that transnational innovation systems also exist alongside “national” or “spatially bound” systems. C.F. Daniele Archibugi et al., “Innovation Systems in a Global Economy” 11(4) Technology Analysis & Strategic Management 527 (1999) at 528. Archibugi et al. correctly identify that “the concepts of national (or spatially bounded) systems of innovation and technology systems should not be Seen as mutually exclusive. Indeed, establishing the interrelationships between the two can yield valuable insights into the wider systems of innovation approach.”
- 21.
It is recognized that non-State actors pay an important role in international economic activity, including the phenomenon of economic globalization. Furthermore, it is recognized that non-State actors contribute to the development of internationally binding and non-binding rules facilitating economic globalization and even operate in the own structure of norms. However, international law is still fundamentally posited by the Sovereign State. The primarily legal personality through which the rules of international trade and the associated phenomena of globalization occur is still the State.
- 22.
See generally regarding theories of communication networks and emergent properties, Peter R. Moore and Noshir Contractor, Theories of Communication Networks (Oxford: Oxford University Press, 2003).
- 23.
Consider that while there is a debate as to whether or not global sourcing can provide a sustainable advantage, it is generally agreed that outsourcing results in the proliferation of technical knowledge and the creation of new innovation systems. See Masaaki Kotabe and Janet Y. Murray, “Global Sourcing Strategy and Sustainable Competitive Advantage” 33(1) Industrial Marketing Management 7 (2004); referring to lack of consensus as to the effect of outsourcing and identifying long-term consequences. See also Tomas Hult, “Cultural Competitiveness in Global Sourcing” 31(1) Industrial Marketing Management 25 (2002); examining innovation and organizational learning as they pertain to global outsourcing.
- 24.
See Daniele Archibugi et al., “Innovation Systems in a Global Economy” 11(4) Technology Analysis & Strategic Management 527 (1999) at 534. Archibugi et al. hypothesizes a cyclical process wherein “technology has facilitated globalization and vice-versa.” One element of this process is that new innovation systems create new technologies and technical applications, or as described by, “the process of generating and diffusing new technologies has been moulded and strengthened by the flows of individuals, commodities and capital.”
- 25.
See generally Rene Stulz, “Globalization, Corporate Finance, and the Cost of Capital” 12(3) Journal of Applied Corporate Finance 8 (1999).
References
Denis Simon, Techno-Security in an Age of Globalization: Perspectives from the Pacific Rim (M.E. Sharpe, 1996).
Theodore Levitt, “The Globalization of Markets” Harvard Business Review (May-June 1983).
Al D. McCready, “Strategic Technology Planning for the Techno-Global Economy: Cities in the Market” in Mila Gasco-Hernandez and Teresa Torres-Coronas, Eds., Information Communication Technologies and City Marketing: Digital Opportunities for Cities Around the World (ICI Global, 2009).
Charles Shotwell, “Export Controls: A Clash of Imperative” in Richard Kulger and Ellen Frost, Eds., The Global Century: Globalization and National Security (University Press of the Pacific, 2002).
Jason Abbott, “Living in The Matrix: Capitalism, Techno-Globalization and the Hegemonic Construction of Space,”Montreal, 2004 (Paper presented at the annual meeting of the International Studies Association, Le Centre Sheraton Hotel, Montreal, Quebec, Canada, Mar 17, 2004) [unpublished].
Gillian Teubne, Defining a Changing World: The Discourse of Globalization (Ph.D Thesis, Texas A&M University, 2004) [unpublished].
Gary Hufbaurer and Tony Warren, “The Globalization of Services: What Has Happened? What are the Implications?” Working Paper 9912: Institute for International Economics (1999).
Leonard Lynn and Hal Salzman, “Multinationals, Techno-Enterprises, and the Globalization of Technology Value Chains” (Paper presented at the Global Social Networks and Industry Roadmapping Session: Sloan Industry Studies Conference, Boston, April, 2008) [unpublished].
Dominic Gates, “Former 787 chief says Boeing Rethinking its global manufacturing approach” Seattle Times Online (31 October 2007), <http://seattletimes.nwsource.com/html/boeingaerospace/2003986302_webbair01.html>.
Stanley Holmes, “Boeing’s Global Strategy Takes Off” Businesweek Online (30 January 2006) <http://www.businessweek.com/magazine/content/06_05/b3969417.htm>.
Peter R. Moore and Noshir Contractor, Theories of Communication Networks (Oxford: Oxford University Press, 2003).
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Daniele Archibugi et al., “Innovation Systems in a Global Economy” 11(4) Technology Analysis & Strategic Management 527 (1999).
Oliver Boyd-Barrett, “International Communication and Globalization: Contradictions and Directions” in Ali Mohammadi Ed., International Communication and Globalization, (London: Sage, 1997).
Tomas Hult, “Cultural Competitiveness in Global Sourcing” 31(1) Industrial Marketing Management 25 (2002).
Robert O. Keohane and Craig N. Murphy, “International Institutions” in May Hawkesworth and Maurice Kogan eds., Encyclopedia of Government and Politics, 2nd Edition (New York: Routledge, 2004).
Masaaki Kotabe and Janet Y. Murray, “Global Sourcing Strategy and Sustainable Competitive Advantage” 33(1) Industrial Marketing Management 7 (2004).
Sando Montresor, “Techno-Globalism, Techno-Nationalism and Technological Systems: Organizing the Evidence” 21 Technovation 399–412 (2001).
Hugh R, Slotten, “Satellite Communications, Globalization, and the Cold War” 43(2) Technology and Culture 315 (2002).
Rene Stulz, “Globalization, Corporate Finance, and the Cost of Capital” 12(3) Journal of Applied Corporate Finance 8 (1999).
Borisz Szanto, “The Paradigm of Globalism” 21 Technovation 673–687 (2001).
Defense Industrial Base Assessment: U.S. Space Industry (U.S. National Security Space Office, 31 August 2007).
John Agnew, Globalization & Sovereignty (New York: Rowman & Littlefield, 2009).
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Mineiro, M.C. (2012). Policy, Economic, and Techno Globalization. In: Space Technology Export Controls and International Cooperation in Outer Space. Space Regulations Library Series, vol 6. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-2567-6_3
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