Abstract
In a globalized world, the free movement of goods and technologies can lead to the proliferation of weapons and items that can be used for hostile purposes. Thus, free trade may conflict with national or international security. For this reason, it is important to ensure that market opening, supported by international trade law, is not at the expense of the state and people’s right to live in a secure environment. To this end, States suppliers of sensitive goods and technologies have adopted export control regimes. An export control regime can be defined as a framework designed to regulate the international trade and transfer of sensitive and critical goods/items and related technologies. The export control regimes have given a new branch of international law which establishes a bridge between international trade law and the law of international security. To master this new regulated trade environment, it is necessary to understand the legal and political basis of the export control regimes as well as the terms of implementation of these schemes.
This is a preview of subscription content, log in via an institution to check access.
Notes
- 1.
The banning of nuclear testing is based on international conventions: the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water signed on 5 August 1963 (480 UNTS 43) and the Comprehensive Nuclear-Test-Ban Treaty, signed on 24 September 1996 (UN document A/50/1027).
- 2.
729 UNTS 161.
- 3.
NWS are the following: China , France , Russia , the United Kingdom and the United States.
- 4.
Prof. Claude Zangger was the first Chairman of the Committee.
- 5.
1015 UNTS 163.
- 6.
1974 UNTS 45.
- 7.
Article I of the Convention of the biological Convention; Article I of the Convention on chemical weapons.
- 8.
Article III of the Convention on biological weapons; Article VI of the Convention on chemical weapons.
- 9.
Not published.
- 10.
1 UNTS XVI.
- 11.
Article 51 of the UN Charter.
- 12.
Article 2 of the UN Charter.
- 13.
Article 49 of the 2001 Articles on Responsibility of States for Internationally Wrongful Acts (Annex to General Assembly resolution 56/83 of 12 December 2001 as corrected by the document A/56/49(Vol. I)/Corr. 4) and 51 of the 2011 Draft articles on the responsibility of international organizations (Yearbook of the International Law Commission, 2011, vol. II, Part Two).
- 14.
See Articles 54 and 48 of the 2001 Articles on Responsibility of States for Internationally Wrongful Acts and Articles 57 and 49 of the 2011 Draft articles on the responsibility of international organizations of the of the 2011 Draft articles on the responsibility of international organizations.
- 15.
1867 UNTS 187.
- 16.
1869 UNTS 183.
- 17.
OMC 1995.
- 18.
See for example: Executive Order 13222 2001.
- 19.
IAEA, INFCIRC/209, Appendix, 3 September 1974, Memorandum A.
- 20.
IAEA, INFCIRC/209, Appendix, 3 September 1974, Memorandum B.
- 21.
The list of controlled items developed by the Zangger Committee is known as the “Trigger List” because export of those items triggers IAEA safeguards.
- 22.
IAEA, INFCIRC/254/Rev.12/Part 1, 13 November 2013 (last version).
- 23.
IAEA, INFCIRC/254/Rev.9/Part 2, 13 November 2013 (last version).
- 24.
Available on the website of the Australia Group: www.australiagroup.net/en/guidelines.html.
- 25.
Available on the website of the Australia Group: www.australiagroup.net/en/controllists.html.
- 26.
26 ILM 599 (1987).
- 27.
MTCR/TEM/2015/Annex, 8 October 2015 (last version).
- 28.
Avalable on the website of the Wassenaar Arrangement: www.wassenaar.org/public-documents.
- 29.
WA-LIST (15) 1 Corr.1* 04-04-2016.
- 30.
Idem.
- 31.
22 USC 2778.
- 32.
PL 96–72.
- 33.
OJEU L 335, 13 December 2008, p. 99.
- 34.
OJEU L 216, 20 August 2009, p. 76.
- 35.
OJEU L 326, 29 May 2009, p. 134.
- 36.
Wasseanaar Arrangement, Statement of Understanding on Control of Non-Listed Dual-Use Items, adopted during the Plenary Meeting in 2003; Article 4 of the EU Regulation 428/2009.
References
Executive Order 13222. 2001. Continuation of Export Control Regulations. Federal Register 66 (163).
OMC. 1995. GATT Analytical Index—Guide to GATT Law and Practice, volume 1, Geneva, 1995, pp. 599–10.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2017 The Author(s)
About this chapter
Cite this chapter
Achilleas, P. (2017). Introduction Export Control. In: Tamada, D., Achilleas, P. (eds) Theory and Practice of Export Control. SpringerBriefs in Economics(). Springer, Singapore. https://doi.org/10.1007/978-981-10-5960-5_1
Download citation
DOI: https://doi.org/10.1007/978-981-10-5960-5_1
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-5959-9
Online ISBN: 978-981-10-5960-5
eBook Packages: Economics and FinanceEconomics and Finance (R0)